SYSTEM FEDERATION NO. 45, RAILWAY EMPLOYES'

DEPARTMENT, A. F. of L.-C.1. O. (Carmen)

ST. LOUIS SOUTHWESTERN RAILWAY LINES

when they were denied compensation between the hours 8:20 P. M., September 30, 1959 and 7:00 A. M., October 1, 1959.

2. That accordingly the Carrier be ordered to compensate the aforesaid members of the wrecking crew for the aforementioned hours at the time and one-half rate or a total of 16 hours at straight time rate.

EMPLOYES' STATEMENT OF FACTS: The St. Louis Southwestern Railway Lines, hereinafter referred to as the carrier maintains at Pine Bluff, Arkansas, a complete wrecker toutfit and crew, composed of the aforementioned regular assigned' members, hereinafter referred to as the claimants. The regular assigned hours of all claimants for the period is dispute were from 7:00 A. M. to 12:00 Noon and 12:30 P. M. to 3:30 P. M., with Saturday and Sunday regularly assigned rest days. On the evening of September 25, 1959, Train No. FX18, northbound was involved in a derailment at Mile Post 133, near Gibson, Arkansas, located approximately 134 miles from Pine Bluff.

McDoel and that they should be paid from 4:50 P. M. on June 22, 1951, to 6:25 A. M. on June 23, 1951.

We think carrier acted within its managerial prerogative in tying up the crew at Orleans at 6:50 P. M. on June 21. The hospital train was not ready to move at that time. Claimants contend it could have been made ready in an hour. Carrier asserts it actually required two and one-half hours. The conditions of the power units and cars in the train and the inherent dangers involved certainly justified the carrier in moving this train into Lafayette during daylight hours when conditions could be better observed.

The claim for pay for the lay-over period at McDoel cannot be sustained. There is evidence that there was no, crew at McDoel who held contractual rights to operate this train from McDoel to Lafayette. But even if this could be construed as negligence on the part of the carrier, nevertheless other considerations justify the lay-over at McDoel. It had taken three hours and fifty minutes to move the train from Orleans to McDoel, a distance of forty miles. At the same rate of progress, it would have taken almost nine hours to move from McDoel to Lafayette. We think the carrier was justified in not commencing the trip at 4:50 P. M. on June 22.

It is true that this train movement was made with a minimum of difficulties. It made the trip McDoel to Lafayette in five hours and twenty minutes, a better time than was expected. But carrier was required to make its decision on the situation as it appeared before the trip was made, not on the facts as they subsequently proved to be. A carrier is required to look out for the safety of its property and its employes. An estimation of time for moving a train such as the one here involved cannot be made with accurracy. As long as there is a reasonable basis for the judgment exercised, no basis for a claim exists."

III