The Second Division consisted of the regular members and in
addition Referee Joseph M. McDonald when award was rendered.
SYSTEM FEDERATION NO. 18, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.- C. I. O. (Carmen)
DISPUTE: CLAIM OF EMPLOYES: (1) That under the Controlling Agreement, it was improper to use two sectionmen in rerailing Diesel Locomotive B. & M. 1535 March 16, 1961.
(2) That accordingly, the Carrier be ordered to compensate Freight Carmen J. Marino and J. Norton each in the amount of seven (7) hours at the rate of time and one-half on account of the fact they were not called to perform the work of rerailing said Diesel Locomotive.
EMPLOYES' STATEMENT OF FACTS: On March 16, 1961, three carmen were called to rerail diesel locomotive B. & M. No. 1535 at Lynn, Massachusetts. Carman Shea from Lynn, Massachusetts and Carman D. F. Delong and E. Leopold from yard 8 shop, Boston, Massachusetts, who was sent in a truck containing blocks, jacks, and other tools which constituted an outfit to effect a rerailment. The above men apparently were unable to handle this job alone, so two sectionmen were used to assist these carmen in rerailing this locomotive, instead of calling in Carmen J. Marino and J. Norton, who were ready, willing and available to perform this service if they had been called to do so.
This dispute has been handled with all carrier officers authorized to handle grievances, including the highest designated official, with the result that he too declined to adjust it.
The agreement dated April 1, 1937, as subsequently amended, is controlling.
POSITION OF EMPLOYES: It is respectfully submitted that regularly assigned wrecking crews, except engineers and firemen, must be composed of carmen, as provided by Rule 112, reading in pertinent part as follows:
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.
Claimants are Carmen who contend that they should have been called to assist in a rerailing at Lynn, Massachusetts.
On March 16, 1961, three Carmen were called to rerail a diesel locomotive at Lynn, Mass. One Carman came from Lynn, and two Carmen arrived from Boston in a truck containing blocks, jacks and other tools.
Two Sectionmen were used to assist in the rerailing, and Claimants contend that this was a violation of the controlling agreement.
The facts herein show that neither wrecking outfit nor the regularly assigned crew was called.
Under the circumstances, we cannot say that the exclusive right to this rerailment in question accrued to Carmen.