The Second Division consisted of the regular members and in
addition Referee Joseph M. McDonald when award was rendered.
SYSTEM FEDERATION NO. 101, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. 0. (Carmen)
EMPLOYES' STATEMENT OF FACTS: Great Northern Railway Company, hereinafter referred to as the carrier, maintains a complete wrecking outfit on the Willmar Division located at Minneapolis, Minnesota. Carmen W. Tutko, E. Wuollet, P. Wuollet, M. Burns, E. Hines, J. Cardinal, and R. Olsen, hereinafter referred to as the claimants, are members of the regularly assigned crew.
At 11:45 A. M. on June 21, 1960, a freight car was demailed at Willmar near the Tenth Street crossing. The main line was blocked and traffic was not obstructed. The car was completely off the track and off its trucks.
There are no carinen employed at Willmar, but there were two road carmen working in the vicinity, and they, along with a derrick and manpower hired from the Anderson Garage in Willmar, were recruited to perform this wrecking service.
The derailed car remained in the position for two hours, after which time the outside crane arrived, and the work of replacing the wheels (trucks) under the car and restoring the rewheeled car to the rails began. The car was rerailed shortly after 4:00 P. M.
For the foregoing reasons the carrier respectfully requests that the claims of the employes 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 June 21, 1960, a loaded freight car was derailed at Willmar, Minnesota, and the Carrier summoned two carmen working in the vicinity and they, with the aid of a derrick and operator hired from a Willmar garage, rerailed the car.
Carrier maintains a complete wrecking outfit on the Willmar Division, which crew is located at Minneapolis, some 91 miles distant from Willmar. Claimants are the regularly assigned members of this crew, and allege a violation of Rule 88 of the controlling agreement by the Carrier when it recruited outside manpower and equipment to perform this wrecking service.
The situation and time elements involved become important to our consideration of this dispute.
From an examination of the record. we find that the derailment occurred at 11:45 A. M.; that the car was in a precarious position and was kept from tipping over by the coupling to the engine; and that while not blocking a main line, it was disrupting switching operations to the main line.
We find that the two carmen arrived at the scene at 1:30 P. M., and the crane and operator about 1:50 P. M., and that the car was uprighted at about 2:40 P. M., when the crane and operator left and the two carmen continued the rerailing and with the aid of the switch engine had the car back on the tracks at 4:00 P. M.
In the emergency situation presented, it was management's decision to proceed as it did or to call the wrecking outfit from Minneapolis. 4268--9 642