NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Edward F. Carter when the award was rendered.
THE PITTSBURGH AND LAKE ERIE RAILROAD COMPANY
AND
THE LAKE ERIE AND EASTERN RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES: 1. That the carrier on March 15, 1952, improperly under the current agreement used machinists at the McKees Rocks, Pa. Roundhouse to rerail engine No. 9403. 2. That accordingly the carrier be ordered to compensate Messrs. Andrew Stecko, Peter Stecko, Joseph Slanina Jr., Metro Novoselski, Paul Estock, Stephen Filipovitz, Mike Vasellini, August Safranek, John Kasprick, John Rasko, John Tutoki and Joseph Martonik in the amount of twenty-one (21) hours each under the current agreement for work performed by the machinist craft.
EMPLOYES' STATEMENT OF FACTS: The carrier maintains a force of carmen, a wrecking outfit and a regular assigned wrecking crew at McKees Rocks, Pa. The wrecking crew consists of the following carmen: Andrew Stecko, Peter Stecko, Joseph Slanina Jr., Metro Novoselski, Paul Estock, Stephen Filipovitz, Mike Vasellini, August Safranek, John Kasprick, John Rasko, John Tutoki and Joseph Martonik.
At McKees Rocks, Pa. in the roundhouse locomotive shop, engine No. 9403 was derailed on March 15, 1952. The carrier ordered the machinists at the roundhouse to rerail the said engine No. 9403. These said machinists used the wreck crews equipment for rerailing and even damaged said equipment. The carmen were available at the time the carrier ordered the machinists to rerail engine No. 9403.
These said machinists could not reraii the engine during their regular tour of duty and were ordered by the carrier to double out to finish the job.
POSITION OF EMPLOYES: It is respectfully submitted that in this case the work did belong to the carmen's craft and there is nothing in Rule 29, reading:
It is therefore respectfully submitted that the claim is without merit, and therefore must be denied.
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.
On March 15, 1952, an engine was derailed at the roundhouse at McKees Rocks, Pennsylvania. The carrier used machinists and other roundhouse employes to rerail the engine. It took more time than anticipated and second and third trick employes had to be doubled out. They broke two rerailers belonging to the wreck crew which they had used without permission. It is contended that the work belonged to carmen under the provisions of Rule 29, current agreement, which provides:
Under the rule, carmen are entitled to all wreck crew work. It does not assign to carmen the exclusive right to rerail engines and cars where the wreck train has not been called. In addition thereto, the practice for more than thirty years has been to have engines which have been derailed in Engine Terminals rerailed by roundhouse forces, except where a wreck train was needed. The fact that second and third trick employes were doubled out does not change the situation; nor does the fact that rerailers belonging to the wreck crew were used so long as the wreck train was not needed. The rule is, under such an agreement we have here in the absence of a specific rule to the contrary, that the rerailing of locomotives and cars is not the exclusive work of carmen when a wrecker is not called or needed. Award 1482. 1763-13 544