The Second Division consisted of the regular members and in
addition Referee William H. Coburn when award was rendered.
derailed at Round Rock, Texas, and the Missouri Pacific Railroad Company violated the controlling agreement by using other than carmen to augment the wrecking force.
2. That accordingly, the Missouri Pacific Railroad Company be ordered to compensate Carman R. D. Miller and Carman E. Resendez, regular assigned members of the wrecking crew, in the amount of twenty-five hours (25') each at the punitive rate for June 17th and 18th, 1965, account they were available and should have been called.
EMPLOYES' STATEMENT OF FACTS: The Missouri Pacific Railroad ompany, hereinafter referred to as the Carrier, maintains a large transortation yard, diesel shop, passenger yard and spot repair track at San ntonio, Texas. They also maintain a wrecking derrick and regularly assigned reeking crew consisting of wrecking Engineer J. J. Janavaras, Carmen '. R. Garner, D. C. Wilson, J. P. Falvey, E. Resendez and R. D. Miller, 11 positions on the wrecking crew are bid in and a prime requisite for ,ing a member of the wrecking crew is to be available for call at all times, id each member of the crew must maintain a telephone in their home or zve a message where they will be in the event it is necessary to call the lecking crew.
On Thursday, June 17, 1965, Diesel Engine No. 921 was derailed at ,und Rock, Texas, which is located approximately 98 miles northeast of n Antonio, Texas, and on the same date (June 17th) at 10:45 P. M. wreck; crew members J. J. Janavaras, J. P. Falvey, and W. R. Garner were led to Round Rock to rerail this engine. They went to the scene of the 3ck in a truck, taking blocks, jacks and wrecking equipment with them, and ,man W. R. Garner was acting as foreman. However, after arriving at
accompany the outfit when wrecking crews are called for wrecks or derailments outside of yard limits. The regularly assigned wrecking crew at San Antonio is composed of carmen in accordance with the rule, and a sufficient number of the regularly assigned crew was present at the derailment. The carmen did perform the skilled work of making the hitches and the other work necessary to rerail the diesel and change out the defective wheel. The rules do not prohibit sectionmen from being used to perform their normal duties. At a scene of a wreck or derailment, sectionmen normally will' carry blocks from the outfit car to the point where needed and dig footings for jacks, and perform other manual labor. This work has not been contracted to carmen and is not customarily or traditionally performed by carmen.
For the reasons stated, the Agreement was not violated because the twoadditional members of the wrecking crew did not accompany the outfit. A sufficient number of the regularly assigned crew was present at the derailment to perform the normal duties of a wrecking crew. This is true even though a machinist and an electrician were sent to the derailment and sectionmen present at the scene were used to perform manual labor. The claim is not supported by Rule 120, relied on by the Employes, and the claim must be denied..
All matters contained herein have been the subject matter of correspondence and/or conference.
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 17, 1965, a diesel unit derailed at Round Rock, Texas. Three carmen members of the regularly-assigned wrecking crew were called at 10:45 P. M. at San Antonio to proceed to the derailment site for the purpose of re-railing the unit. Upon arrival, they found a broken wheel on the No. 3 pair which would require the use of the wrecker to change the wheels-
The wrecker was dispatched from San Antonio at 3:00 A. M., June 18, in charge of a Car Foreman. It arrived at the site at 10:30 A. M.
A machinist and electrician were also sent to the derailment site, as well as section forces (trackmen).
The re-railing of the unit was completed at 6:30 P. M., June 18. The wrecker arrived at San Antonio at 4:00 A. M., June 19.
The theory of the claim is that the claimants, who were also regularly assigned members of the wrecking crew, should have been called and used when it was found necessary to send the wrecker to re-rail the unit.