(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL. RAILROAD ADJUS'T'MENT
BOARD
Award No. 6345
SECOND DIVISION Docket No. 6168
2-GM&O-CM-'72
. The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( System Federation No. 29, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute:
( (Carmen)
( Gulf, Mobile and Ohio Railroad Company
Dispute: Claim of Employes:
1. That under the current agreement Carrier improperly assigned other
than Carmen to assist wrecking crew members in performing wrecking
service at Enterprise, Mississippi on July 23, 1970.
2. That accordingly, Ca rnian W. D. Kinard be additionally compensated in
the amount of one (1) hour preparatory time at the straight time rate
of pay, and eight and one half (8-1/2) hours at the time and one-half'
rate of pay.
'indings:
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.
Parties
to
said dispute waived right of appearance at hearing thereon.
The facts in this case can be concisely stated. The Carrier dispatched a
wrecking crew to clear up a~derailment. One of the regular crew was away at National
Guard camp. Instead of calling the claimant, who was an off duty Carman., the Carrier
sent out the wrecking crew without a replacement. Section Laborers at the scene assisted the crew in handling cables., hooks, making hitches and setting retrackers. The
claimant now claims time and one-half pay for the one day he should have worked plus
one hour preparatory claim. Both the Organization and Carrier have cited numerous
prior awards to support their positions. i
The decision in this case turns on the question of whether or not Carmen
had exclusive jurisdiction over the work perform3d by Sect_fon Laborers at the scene
Form 1 Award No.
6345'
Page 2 Docket No.
6168
' 2-CM&O-CM='?2
of the derailment. Ordinarily, this issue is resolved by turning to the Classification
of Work provisions in the agreement. If the work in question is expressly or prac-_
tice included within the classification reserved exclusively for Carmen then- no other
employees may perform such work. If the work is reserved for Carmen and it is performed
at a wreck; site then under Rule
509
"a sufficient number of the regularly assigned crew
will accoTany the outfit." Rule
509,
standing alone, is not a work classification provision. It does not describe any work. It merely guarantees that Carmen will have
wrecking crew assignments when there is Carmen work to perform on wrecks and derailments.
In this case the Claimant has failed to show that the work performed is
in
cluded in the Work Classification provisions of the Agreement.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Second Division
Attest
Executive Secretary
Dated at Chicago, Illinois, this 7th day of July, 1972.