(Advance copy. The usual printed copies pill be sent later.)

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6390
SECOND DIVISION Docket No. 6261
2-HH8T-CSI-' 72

The Second Division'consisted of the regular members and in
addition Referee Irwin M. Lieberman-when award was rendered.

( System Federation No. 2, Railway Empleyes'

( DepartmentDepartment., A. F. of L. C. 1.0.

Parties to Dispute: ( (Carmen)

Houston Belt & Terminal Railway Company

Dispute: Claim of Employes:

1. That the Houston Belt & Terminal Railway Company violated the controlling agreement, particularly Rules 9(c) and 115 when Wrecker Foreman F. Gradler, Wrecker Engineer J. Qualls, Wrecker Crew Members Carmen G. McElroy,, C. Jones, V. Gardner and E. Hartner-were not called to accompany Wrecker X-156 when it departed the Diesel Shop at 5:00 A.M.9, April 12, 1971, for Belt. Junction.

2.

That accordingly, the Houston Belt & Terminal Railway Company be ordered to compensate the aforesaid employes in the amount of three (3) hours each at the applicable time and: one-half rate for the aforesaid violation, and in addition to the money amounts claimed herein, they shall be paid an additional amount of 6% per. ann= compounded annually on the enniverscuy date of the claim.

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 os emtployes 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.Boardhas jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

The Claimants consisted of a six man regular wrecking crew employed by the Carrier at Houston] Texas. On April 10, 1971, a train was derailed some 16 miles outside of the Carrier's yard limits. On April 12, 19719, Wrecker X-156 departed the! Diesel Shop at- about 5:00 A.M. and was placed by a switch engine crew at Belt Junction. At 7 A.M, upon reporting to work Claimants, as instructed by their foreman, were bussed in a Carrier vehicle from the Diesel Shop to Belt Junction where they boarded the wreckier to go to the site of the derailment. Upon completion of the rerailing the crew accompanied the Wrecker X-156 back to the Diesel Shop returning at about 1:40 rim. that night.
Form 1 Award No. 6390
Page 2 Docket No. 6261
2-Hg&dT-CM-'72

Rule 9 titled "Emergency Road Work" reads in part as foilars:

"'(a) An employee regularly assigned to work at a shop, engine house,

repair track, or inspection point, when called for emergency road work away from such shop...

(c) Employees will be called as beady se possible one hour before leaving time, and on their return will deliver tools at point designated..."

The pertinent portion of Rule 115 which relates to this matter is:

"When wrecking crews are called for wrecks or derailments outside of yard limits, a sufficient number of the regularly assigned crews will accompany the outfit ...."

With respect to the Qlaimants interpretation of Rule 9 (c) we do not find that the facts support-the contention that an emergency existed on April I2, 1971, since the derailment had occured two days earlier. Further, neither a careful. study of the rules nor the evidence presented in this case support the position that Rule 9(c) requires an hours pay.

Careful and well documented'arguments have been presented with respect to the meaning of Rule 115 and many decisions upholding contention of the Claimants that the crew must accompany the wrecking outfit while- in transit to and from the scene of derailments outside of yard limits. We concur 3n the general interpreta tion of Rule 115. However, in this case we trust distinguish the facts from most of these cases (e.g. 2nd Division Award #5678); in this case the Claimants did aecompam the..Wrecker from the Carrier's property to the scene of the derailment. The crew did not accompany the wrecker from the Diesel Shop to Belt Junction, all within the Yard limits; this does.not constitute &-violation of Rule 115.

A WA R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division

Attest:

Executive Secretary

Dated ft Chicago, Illinois, this 27th day of October-p 1972.

C.