Award No. 3698
Docket No. 3731
2-P&LE-TWUOA-'61
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Howard A. Johnson when award was rendered.
PARTIES TO DISPUTE:
TRANSPORT WORKERS UNION OF AMERICA,
A. F. of L.-C. I. O. (RaiIroad Division)
THE PITTSBURGH & LAKE ERIE RAILROAD COMPANY AND
THE LAKE ERIE AND EASTERN RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
On April
11, 1959
section men were called out at
5:30
A. M.
to assist in rerailing car
P-37895
which was derailed at the Y. S. & T.
Company Coke Works. It took until
11:30
A. M. to rerail this car.
The organization feels that since we do have a wreck crew at
this point that the rerailing belongs to the wreckcrew which is composed of carmen.
Since section men were used instead of carmen to do the rerailing, the organization requests that T. Rodgers, N. Costello, M.
Macella, J. H. Theil, A. W. Joseph and A. Rasil, carmen, be compensated six (6) hours at the premium rate of pay. Also A. Dutko,
J. Hvizdak and R. Thomas two and one-half (2 i~) hours at the
premium rate of pay.
EMPLOYES' STATEMENT OF FACTS: This case arose at Youngstown, Ohio and is known as Case Y-126.
Neither the master mechanic-car nor the director of personnel deny that
the section men did help in the rerailing of the car.
The carrier does have a wreckcrew at this point and the wreckcrew is
composed of carmen as required by the agreement. This crew is required by
the carrier to be on standby time twenty-four (24) hours a day to take care
of any derailments or wrecks that may occur on the property of the carrier.
[2467
3698-15
260
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.
Parties to said dispute were given due notice of hearing thereon.
Local or yard forces were able to rerail the car, which had been derailed within yard limits. It was therefore unnecessary to call carmen for
the purpose, under Rule 27(c). There was no violation of the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 27th day of February 1961.
i