The Second Division consisted of the regular members and in
addition Referee Gene T. Ritter when award was rendered.
SYSTEM FEDERATION NO. 41, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
THE CHESAPEAKE AND OHIO RAILWAY COMPANY
(Southern Region)
EMPLOYES' STATEMENT OF FACT'S: The Chesapeake and Ohio Railway Company, hereinafter referred to as the carrier, owns and operates a facility at Cane Fork, West Virginia, consisting mainly in the handlin- of coal hauling freight cars to the mines for loading and to the main lines for delivery to various industries and to dock operations, where a number of Carmen are employed and bold seniority under Rule 31 of the Shop Crafts' Agreement.
Carmen Richard A. Kelly and Opie R. May, hereinafter referred to as the claimants, are regularly assigned at Cane Fork on the second shift. On July 8, 1968, regularly assigned yard crew of transportation department derailed C&O 86483 at the derail in west end of passing track Cane Fork, W. Virginia yard limit. Next day, July 9, 1968, two carmen, along with several Maintenanceof-Way employs, attempted to retrack car with the use of retrackers and motive power. The car was pulled into such a position that it was necessary to use acetylene torch to remove the brake beams by cutting them loose and then jack the car on with the use of jacks. This was to be done the following day. On July 10, 1968, track supervisor, track foreman, and assistant foreman, along with five or six maintenance-of-way employes, arrived with mechanical jacks and base block and started to retrack car 7:45 A. M., 8:30 A. M., two
The carrier submits that sufficient carmen were used to rerail C&O 86,183 on July 10, 1968, that there has been no violation of Rules 32, 1W and 158, and that the claim of the employes should therefore be denied in its entirety.
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 ever the dispute involved herein.
On July 8, 1968, a derailment occurred on west end of Carrier's Cane Fork, West Virginia yard limit. On July 9, the following day, a brief attempt was made to retrack by use of retrackers and motive equipment, but was discontinued. By this time, the car had been puilled into such a posiUon that it was necessary to use an acetylene torch to cut certain brake beams loose in order to be able to jack the car up and back on the track. The next day, July 10, a track supervisor, track foreman, an assistant foreman, and several Maintenance of Way employes arrived with the necessary jacks and blocks and started to retrack the derailed car. Two Carmen who were on duty in the yard also assisted. The Assistant Foreman used the acetylene torch to cut the beams and the Maintenance of Way employes moved the beams. The car was then jacked on the track by Maintenance of Way and the Carmen employes. It is the position of the Organization that Carrier violated Rule 32(a), Special Rule 154 and Carmen's Special Rule 158 when Maintenance of Way supervisors and section men were used to cut brake beam and assist in rerailing of the derailed car.