3. Even if the organization proves that the cars were rerailed by the maintenance of way crane, it must also point out clear and specific language in the agreement which reserves such work for the exclusive jurisdiction of carmen.
4. There is nothing in Rules 42(a), 83 or 88 which grants to carmen the exclusive right to perform all rerailing or wrecking work on this property; nor is there anything in those rules which prohibits the carrier from utilizing maintenance of way forces and equipment to perform the work in question.
5. Previous awards of this board have recognized that many items of work, including rerailing of freight cars, may ordinarily be performed by carmen, but do not fall within the exclusive jurisdiction of that craft.
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.
Claimants are regularly assigned members of Carrier's Minneapolis wrecking crew, who were called for wrecking service at Willow Lake, South Dakota on October 4, 1960.
They contend that others than Carmen were improperly used to augment the regularly assigned wrecking crew at the scene of this derailment.
In support of their contention, Claimants have submitted photographs which purport to show Maintenance of Way personnel and an off-track crane performing wrecking service.
It is not disputed that the work of rehabilitating the track and road bed at the scene of a wreck is work properly performed by the Maintenance of Way forces.
Carrier contends that this record discloses that Maintenance of Way forces were merely clearing the right of way so that they could make track repairs, and further insists that these forces did no rerailing.
If wrecking service consisted merely of the rerailing of cars, we would have no difficulty sustaining Carrier's position.
"Wrecking service" is not defined in the controlling agreement, but past practice and prior Awards of this Division lend some evidence of what is and what is not included in the term. It involves repairs to damaged equipment, lifting, dragging and rolling of equipment, as well as the rerailing of the equipment in all of which the special skills and equipment of the Carmen's craft are required.
The handling of the equipment at the scene of the instant derailment, as depicted by the photographs submitted is work generally recognized, as the work of Carmen under the special rules applicable and past practice, as well as prior Awards of this Division. (See for example, our Awards 878, 1090, 1123, 1127, 1298.) (See also Award 1322, which was a denial Award, but reviewed the history and practice of this subject.)