Award No. 6325 Docket No. 6085
2-A&S-CM-'72The Second Division consisted of the regular members and in
addition Referee Don J. Harr when award was rendered.
SYSTEM FEDERATION NO. 154, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. 0. (Carmen)
EMPLOYES' STATEMENT OF FACTS: The Alton and Southern Railway Company, hereinafter referred to as the Carrier, operates a switching and transfer railroad in the East St. Louis, Illinois area. It runs approximately twenty miles.
In the early morning of December 12, 1969 the Carrier had a derailment involving freight cars C&O 462273, L&N 6009, and CABX 470410. The Carrier's wrecking crew was called out at 8:00 A. M., composed of six men. They worked until 5:00 P. M. At the: same time, Loren Isringhauser and three of his employes were called in with bulldozer-crane to assist in the wrecking service. He and his crew also worked from 8:00 A. M. to 5:00 P. M.
J. Thier, G. Peach, K. Rettinghouse and W. Randant, hereinafter referred to as the Claimants, axe employed by the Carrier as Carmen. They were off duty and available for service at the time here relevant.
On date of Decemb-ar 4, 1969 Bulletin No. 74-69 was posted abolishing two Alternate Wrecking Crew Positions effective at close of shift on December 10, 1969.
Alternate wrecking crew positions are assigned for use when regular members of the crew are not available or additional help is needed in wrecking service. There has been no restriction on the number of alternate wrecking crew positions so assigned.
ume of business is dependent upon the service which can be furnished shippers in the form of prompt handling of the cars.
The management of the Railroad is entitled -to take those steps necessary, consistent with its obligations to its employes, to insure a profitable operation. The Carrier has found it necessary to use off-track equipment in addition to its wrecking outfit to clean up wrecks and derailments quickly in order to reduce delays in handling cars and remain competitive in the handling of the cars through the St. Louis Gateway.
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 Carrier operates a switching and transfer railroad in the East St. Louis, Illinois area. The Carrier connects the Eastern Trunk lines with certain Western and Southwestern. Trunk lines and runs approximately twenty miles.
On December 12, 1969, Cm-rier's wrecking crew was called at 8:00 A. M., composed of six men. Tile Carrier also used an outside contractor and three of his employes with a bulldozer-crane to assist in the wrecking service.
The Employes contend that the Agreement was violated when the Carrier augmented the wrecking crew with employes of a private company. The Claimants were employed by the Carrier as Carmen and were off duty and available for service.
Carrier contends that their action was consistent with practical railroading and cite awards of this Division to support their position.
On November 13, 1963, the parties entered into a Memorandum of Agreement involving the application of Rule 51. This Agreement reads in part: