The Second Division consisted of the regular members and in
addition Referee Harry Abrahams when award was rendered.
SYSTEM FEDERATION NO. 29, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
EMPLOYES' STATEMENT OF FACTS: The Carmen listed above, hereinafter referred to as the Clamants, are regularly assigned at Jackson, Tenn., by the Gulf, Mobile and Ohio Railroad, hereinafter referred to as the Carrier.
The morning of December 30, 1963, several cars of one of the Carrier's freight trains became derailed and wrecked at Glen, Miss., which is some 115 miles south of Jackson, Tenn. The Jackson Wrecking Outfit was dispatched to the scene along with the Meridian, Miss., Wrecking Outfit to clear up the wreck.
On the arrival of the Jackson Crew at the scene of the derailment, Foreman Jones and four other members of his Bridge and Building Construction employes were assigned with members of the Jackson Wrecking Crew to handle cables, blocks, outrigging and make hitches. They worked with the wrecking crew, performing the same duties up through the time the crew was relieved for rest at 10:30 P. M., January 4, 1964. Two Section Laborers were assigned to assist the Wrecking Crew on January 5, 1964. Attached hereto and identified as Employes' Exhibit A is statement from members of the Jackson Wrecking Crew confirming the above facts.
This dispute has been handled with Carrier officials up to and including the .highest officer so designated by the Company, with the result he has declined to adjust it.
The agreement effective January 1941, as subsequently amended, is controlling.
POSITION OF EMPLOYES: Rule 509 of the current agreement reads in pertinent part:
It is submitted that under the provisions of the two rules quoted, it was improper to assign Bridge and Building Construction Employes to augment
laborers in clearing the wreck at Glen and repairing the track and roadbed are the exclusive duties of carmen.
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 question was whether a wrecking crew at Jackson, Tenn. aiding building and construction employes to perform carmen's work, on December 30, 1963, through January 5, 1964, was a violation of the Agreement.
The claimants states that under the agreement the carrier should not augment the wrecking crew with Bridge and Building construction employes to perform carmen's work at a derailment at Glen, Miss. on December 30, 1963, through January 5, 1964. The wrecking crew, the union says was augmented with Bridge and Building construction employes to perform the work at Glen. Miss. on December 30, 1963 through January 5, 1964.
Maintenance of way employes do various things at wrecks. The duties performed here, by maintenance of way employes were not the exclusive duties of carmen. The duties they performed were the usual duties of maintenance of way employes which they had a right to perform.
The second .paragraph of the Employes' Statement of Facts reads as follows
the Hump worked in excess of two and one-half (21/2) hours the pit inspectors would be called from the Carmen's Overtime Board. In Carrier's Master Mechanic L. S. Fidler's letter of May 4, 1964; addressed to Local Chairman G. C. Watkins he states, 'There was no such understanding or agreement between the Local Chairman and the General Foreman at Russell Terminal.' However, he did admit it had been the past practice to call men from the Carmen's Overtime Board when the Hump worked in excess of two and oen-half (21/2) hours."
On reading the Employes' Statement of Facts quoted above it will be noted that it was the carrier who denied that there was any such an agreement. In the findings of the majority quoted below they say it was the Organization that denied there was any such practice; that there was such an understanding.
It will be noted from the quote above from .the Carrier's Position that the initial officer denied there was any such agreement that had been made with the Organization. It will be noted from the quote below from the findings of the majority they say the Organization denied that there was such an agreement.
The twelfth paragraph of the Carrier's Statement of Facts reads as follows:
It will be noted in the quote above from the Carrier's Statement of Facts they admitted the inspector worked 2 hours and 55 minutes beyond the close of second shift. It will be noted in the quote ,below from the findings of the majority they say the inspector stayed on until 11:00 P. M., his quitting time and left; then state that the carrier did not violate the agreement by not assigning overtime work which was not needed.