The Second Division consisted of the regular members and in
addition Referee Howard A. Johnson when award was rendered.
SYSTEM FEDERATION NO. 96, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
EMPLOYES' STATEMENT OF FACTS: At Oak Island, N. J. the carrier maintains a wrecking outfit, the regular assigned crew is composed, together with wreckmaster, of 11 employes, 10 carmen and 1 wreckmaster, among which are the following carmen: Joseph D'Alessandro, George Hudak, Frank Mulcahey, John Banach and John Bellfield, all with assigned hours 6:00 A. M. to 2:30 P. M., with 30 minute lunch period not paid, Monday through Friday, with rest days Saturday and Sunday.
On June 5, 1963 the wrecking outfit was called and left Oak Island, N. J. at 2:00 A. M. to go to Perth Amboy, N. J. to rerail a number of cars. The wreck outfit was moved in local freight to South Plainfield, N. J. on main line and then in local freight from South Plainfield, N. J. to Perth Amboy, N. J. on branch line. The distance from Oak Island, N. J. to Perth Amboy, N. J. is approximately 26 miles. The wrecking outfit arrived at the scene of derailment in late afternoon of June 5, 1963.
On June 6, 1963 after reporting for work on their regular assignments at Oak Island the claimants were transported by automobile and arrived at the derailment around 7:40 A. M. and went to work. in the agreement which requires carrier to compensate claimants at the time and one-half rate for service not required and not performed.
The claim is that the current Agreement was violated when the Claimants, wrecking crew members, were not called to accompany the outfit when it left their home station at 2:00 A. M. on June 5, 1963, and when it returned at 8:40 A. M. on June 7th.
On reporting for their regular assigned shift at 6:00 A. M. on June 6th, 28 hours later, they were taken by automobile to the derailment, completed the rerailing in about five hours, and returned to Oak Island at 2:30 P. M., the end of their regular assignment. Thus the outfit preceded them by 28 hours, during which they had worked their regular 8 hours shift after its departure on June 5th.
The wrecking outfit returned by local freight train 18 hours and 10 minutes after them, thus being out 46 hours and 10 minutes longer, of which, as above noted, the Claimants had worked their regular 8 hour June 5th shift, after the outfit's departure.
The compensation claimed is for 36 hours, partly at time and one-half and partly at double time rate.
"A sufficient number" of a wrecking crew called for a wreck or derailment obviously means a sufficient number to handle their work there. As all of the claimants were called for the wreck all of them were apparently required to make up the sufficient number.
"Accompany" means "to go along with someone or something. Accompany implies closeness of association * * *." Webster's New Collegiate Dictionary, Second Edition.