The Second Division consisted of the regular members and in
addition Referee Harold M. Weston when award was rendered.
SYSTEM FEDERATION NO. 17, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
NEW YORK, NEW HAVEN AND HARTFORD
RAILROAD COMPANY
1. In violation of Rule 111, of the current agreement, the New York, New Haven & Hartford Railroad Co., failed to call L. Altieri, J. Granfield and E. Hunt, regularly assigned members of the New Haven wrecking outfit, for wrecking service with the M-16 truck, to Shelton, Conn., on Tuesday, December 17, 1963.
2. That the New York, New Haven & Hartford Railroad Co., failed to call L. Altieri, H. Fay and J. Granfield for wrecking service with the M-16 truck, to Monroe, Conn., on Tuesday, December 31, 1963.
3. That the New York, New Haven & Hartford Railroad Co., failed to call L. Altieri, H. Fay and E. Hunt, for wrecking service with the M-16 truck, to Shelton, Conn., on Monday, January 6, 1964.
4. That the New York, New Haven & Hartford Railroad Co., failed to call E. Hunt for wrecking service with the M-16 truck, to Shelton, Conn., on Monday, February 17, 1964.
5. That accordingly the New York, New Haven & Hartford Railroad Co., be ordered to additionally compensate the employees, named supra, in the following amounts:
EMPLOYES' STATEMENT OF FACTS: The New York, New Haven & Hartford Railroad Co., hereinafter referred to as the carrier, maintains a wrecking outfit at its New Haven, Conn., car yard facility, where L. Altieri, H. Fay, J. Granfield and E. Hunt, hereinafter referred to as the claimants, are employes as carmen, car inspectors, and are regularly assigned members of the crew of the wrecking outfit.
The carrier also maintains a truck, M-16, equipped with air jacks, hand jacks, replacers, blocking, chains and other tools necessary for the performance of rerailing duties, which the carrier presses into rerailing and wrecking service, when the carrier deems the M-16 truck can cover the rerailing and/or wrecking services to be performed. On Tuesday, December 17, 1963 a derailment occurred at Shelton, Conn., approximately sixteen (16) miles from New Haven, Conn., for which the M-16 truck, manned by carmen T. Pinsoneault, T. Tully and S. Aldrich, who are not members of the wrecking crew, were called for this derailment at 8:00 a.m. and were released at 4:40 p.m., a total of eight (8) hours and forty (40) minutes.
On Tuesday, December 31, 1963, a derailment occurred at Monroe, Conn., approximately nineteen (19) mils from New Have., Conn., for which the M-16 truck, manned by carmen T. Pinsoneault, T. Tully and S. Aldrich, who are not members of the wrecking crew, was called for this derailment at 9:30 a.m. and were released at 4:00 p.m., a total of six hours and thirty (30) minutes.
On Monday, January 6, 1964, a derailment occurred at Shelto, Conn., approximately sixteen (16) miles form New Haven, Conn., for which the M-16 truck, manned by J. Granfield, a regularly assigned member of the wrecking crew and carmen T. Pinsoneault, T. Tully and S. Aldrich, who are not members of the wrecking crew, was called at 8:00 a.m. and were released at 7:00 p.m., a total of eleven (11) hours.
On Monday, February 17, 1964, a derailment occurred at Shelton, Conn., approximately sixteen (16) miles from New Haven, Conn., for which the M-16 truck, manned by carmen from the rip track, who are not members of the wrecking crew, was called at 9:00 a.m. and were released at 1:30 p.m., a total of four (4) hours and thirty (30) minutes.
This dispute has been handled with all of the carrier's officers designated to handle such disputes, up to and including the highest officer, all of whom having refused to settle the dispute.
privilege of a demand right necessarily carries with it the obligation to per form the work.
Carrier has shown that on the basis of long-standing practice over a period of many years, by decisions in similar claims on this Property in recent years which have been accepted by the employes, and by awards of this board, it is not necessary that regular members of the wreck crew be used when the wreck train is not required for rerailing.
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.
The basis of this dispute is Carrier's failure to call the regularly assigned wrecking crew to clear up a number of derailments. In each instance, the Carrier sent several carmen with an M-16 truck to accomplish the rerailing work involved.
Petitioner contends that Carrier thus violated Rule 111 which reads as follows:
The second paragraph of Rule 111 is a specific provision that, as in the case of other agreements, gives wrecking crews all derailment work only when a "wrecker" is called. See Awards 1482, 1757, 1763 and 4821. Ordinarily a "wrecker" includes a derrick and tool car and where familiar "wrecker" equipment is not used, it is incumbent upon Petitioner, as an essential part of its case, to present timely facts, and not mere contentions or assumption, to show that the apparatus utilized possesses the attributes of a "wrecker". We have no valid basis on the present record for finding that an M-16 truck constitutes a "wrecker" and is anything more than vehicle used for transportation.