In the present case, the car involved was derailed while being switched in the train yard. The car was rerailed by the train crew. The crew was assisted by section men who secured and handled the blocks used by the trainmen in rerailing the car. There was no wrecker called or any other maintenance of equipment used.

It is clear that carmen do not have the exclusive right to rerail engines and cars except where specific rules so provide, such as wrecker service, etc. The Organization contends that Rule 120 is such a rule. It has been a long accepted rule, however, that trainmen handling an engine or car at the time of its derailment may rerail it whether on the road or in a yard where it can be done without the aid of wrecking service. This appears to be the rule on this carrier.

It is clearly the practice on this carrier that maintenance of way employes may properly assist trainmen in rerailing engines and cars by securing and handling blocks, cables, etc. In other words, such employes may perform common labor in connection with such rerailments. The carrier cites three instances where such work has been so performed without complaint by the Organization since the making of the last agreement with the carmen. The record shows that the practice had existed for many years prior to such last agreement which the record shows was in 1949.

This Board has held that the rerailing of engines and cars is not the exclusive work of carmen when a wrecker is not called out. Awards 1322, 1482. The record shows a practice of long standing that section men may assist train crews and switch crews in rerailing engines and cars by doing common labor in connection therewith. The question before us in the present case is whether or not the quoted portion of Rule 120 permits train and switch crews to do rerailing of engines and cars within yard limits. We concur in the view that this portion of the rule is not a limitation upon the rights of train and switch crews to rerail engines and cars. It simply means that if additional employes are required, carmen will be called if they are available. Awards 222, 425, 827, 1008, 1442, 1760. The record here shows that the trainmen were able to rerail the car. The carmen therefore have no claim, assuming that they were available under the rule. Since the use of the section men was in conformity with a long established practice that they could perform the common labor incidental to the rerailment, we fail to see where the carmen have a valid claim. A denial award is therefore required."

The claim here is without merit and ought to be denied.

Parties to said dispute were given due notice of hearing thereon.

All claims as to insufficiency of notices have been waived.

Claimants invoke in their behalf the second sentence of Rule 142 of the controlling agreement.

The earlier awards of this Division, Nos. 222, 1442, support the claim of the employes.

The rationale of later findings is to the effect that under the rule carmen do not have the exclusive right to do the work of rerailing locomotives or cars unless a wrecking crew is called or required to do the work. These findings have been made as to wrecks occurring within and outside the yards.

An award where the derailment occurred within the yards is No. 2343 (1956), this Division.

This submission differs from the instant case only in that the derailed car in the former was rerailed by the crew in charge when the derailment occurred with help from Maintenance of Way men. This variance is urged as supporting the claim here.

In 2049, this Division, claim denied, the second sentence of Rule 130, there under consideration, carried the same phrase as found in the first, viz:

"When wrecking crews are called"

This phrase, in probability, is by implication written into the second sentence of Rule 142. No valid reason appears for distinction in procedure when derailments occur within or without the yards except as to number of carmen to be called when required.

AWARD