Award No. 1027
Docket No. 964
2-DL&W-CM-'44
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 78, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (CARMEN)
THE DELAWARE, LACKAWANNA AND WESTERN
RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1-That on and since August 30, 1943, the carrier has unjustly dealt with
its Hampton, Pa., wrecking crew within the expressed provisions of the
controlling agreement, when-
a. A New York Central wrecking outfit and crew were called and used
in wrecking service at Wayland, New York, on August 30, 31
and September 1, 1943, in lieu of calling and using the Hampton
wrecking outfit and crew to perform said wrecking service.
b. Proper payment to the Hampton wrecking crew for the wrecking
service performed by the New York Central wrecking crew at Wayland, was finally declined.
2-That the carrier be ordered to properly pay the Hampton wrecking crew,
composed of Carmen Frank Esposita, Mike Calabretta, A. Reynolds, C.
Chinchillo, Nick Potachnick, Frank Davidson, James Joyce and Carl A.
DeStefano, from-
a. 6 P. M. August 30 (the time the N. Y. C. crew was called), to
9 P. M. September 1, 1943 (the time the N. Y. C. crew arrived at
home point, Corning, New York). Also one (1) hour preparatory
time.
b. 9 P. M. September 1, traveling from Corning, New York, to 12:30
A. M. September 2, 1943, approximate time the Hampton wreck
crew would have arrived at their home station, Hampton yard,
and-
c. Less the amount earned within the spread of the aforesaid hours at
their home station.
EMPLOYES' STATEMENT OF FACTS: The carrier maintains wrecking outfits and wrecking crews at-
1-Buffalo, New York. The capacity of the derrick is 100 ton and
Buffalo is 84 miles from Wayland, New York.
2-Elmira, New York. The capacity of the derrick is 100 ton and
Elmira is 63 miles from Wayland, New York.
[36)
1027-s
42
In view of the foregoing the carrier submits:
1. Agreement rules must be read in the light of the time immemorial
custom of railroads to use the most available equipment in the
case of a catastrophic passenger train wreck.
2. Under the circumstances disclosed in this record, the Hampton
crew was not available in the sense that practical railroad men
understand the term.
3. The carrier was not required to leave the remainder of its line
improperly protected, from Wayland, New York, to Stroudsburg,
Pennsylvania, a distance of 225 miles.
4. The judgment of the carrier in handling the emergency, having
regard to all the circumstances, was an operating matter with
which this Board will not interfere.
5. The agreement rules do not require that the carrier must use the
Hampton derrick crew, particularly under circumstances such
as are disclosed in this case. The crew is entitled to wreck service
only when the derrick is dispatched.
Accordingly, it is respectfully submitted that the claim should be denied.
All emphasis has been supplied.
FINDINGS: The Second Division of the Adjustment Board, upon the
whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
The parties to said dispute were given due notice of hearing thereon.
The record shows that two wrecking crews and one wrecking derrick
of The Delaware, Lackawanna and Western Railroad Company were used
and while it is true that a wrecking derrick and crew from the New York
Central Railroad was also used there is no proof that the Hampton crew
was damaged, therefore, due to the circumstances surrounding this particular
case the claim for compensation for the Hampton wrecking crew is denied.
AWARD
Claim denied in accordance with the above findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 10th day of August, 1944.