The Second Division consisted of the regular members and in
addition Referee Joseph M. McDonald when award was rendered.
SYSTEM FEDERATION NO. 6, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Carmen)
DISPUTE: CLAIM OF EMPLOYES: 1. That under the current agreement the Carrier improperly augmented the wrecking crew with section employes to perform carmen's work at Muscatine, Iowa, on June 1, 1961.
2. That accordingly, the Carrier be ordered to compensate Carmen M. L. Long, O. V. Alexander, R. E. Nicholson, R. Burger and R. H. Hupton 14 hours pay at the time and one-half rate.
EMPLOYES' STATEMENT OF FACTS: On June 1, 1961, the Chicago, Rock Island and Pacific Railroad Company hereinafter referred to as the carrier dispatched four (4) carmen from the regularly assigned wrecking crew at Silvis, Illinois by truck for a derailment at Muscatine, Iowa. Upon their arrival at Muscatine they proceeded to rerail the derailed cars. While the aforesaid carmen were engaged in this operation five (5) section laborers were used to rerail a truck for one of the derailed cars. While the four (4) carmen were away at lunch the section laborers rerailed another truck for one of the derailed cars. The wrecking derrick and wrecking outfit from Silvis was not used in this derailment.
Carmen M. Long, O. V. Alexander, R. E. Nicholson, R. Burger and R. H. Hupton, hereinafter referred to as the claimants, were regularly assigned members of the Silvis, Illinois wrecking crew and were available to be used at this derailment.
The agreement effective October 15, 1948, as subsequently amended, is controlling.
POSITION OF EMPLOYES: It is submitted that under the language contained in the letter of understanding dated September 4, 1953, reading as follows:
and in Awards 1322, 1482, 1557, 1744, 1763, 2049, 2343, 2716, 3257, 3265,. 3859 and others.
As stated it is apparent the organization here seeks to establish that rerailing was done, leaving the inference such would be a violation of this. agreement. The fact, however, as conclusively shown, is that even if rerailing were done (which it was not), there still would be no violation of the agreement.
The carrier cannot visualize a sustaining award but it should be remembered the 14 hour figure is a unilateral claim set up by the organization; it has no basis under the agreement, no relation to the amount of work done and no basis in logic. Also the board has consistently ruled only pro rata. rate is due for time not worked when a violation is proven-not contended.
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 1, 1961, a derailment of three cars occurred at Muscatine, Iowa, and Carrier dispatched four Carmen from Silvis, Illinois to rerail the cars. These were four members of the regularly assigned Silvis wrecking crew, and they travelled by highway truck. The wrecking derrick was not sent out.
Claimants are additional members of the regularly assigned Silvis wrecking crew, and contend that section laborers were used at Muscatine to rerail two trucks in violation of the current agreement.
There is a letter of understanding dated September 4, 1953 which states in part:
The Carrier denies that any rerailing was done by the sectionmen, and further contends that even if it had been done, there is no agreement violation because the Carmen do not have the exclusive right to rerailing work when the wrecking outfit is not called. For this latter proposition, Carrier cites numerous Awards of the Division. We need not review these Awards, 4541-5 279