(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6498
SECOND DIVISION Docket No. 6342
2-LV-CM-173
The Second Division consisted of the regular members and in
addition Referee John J. McGovern when award was rendered. i
( System Federation No. 96, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Lehigh Valley Railroad Company
Dispute: Claim of Employes:
1. That the Carrier violated the current agreement when Carman C.
Fronczak, L. Buczkowski, J. Maciejewski, R. Borowski and J. Milley
when they were not allowed to accompany wreck train outfit on its
return to Buffalo, N. Y. on July 16, 1971.
2. That accordingly the Carrier be ordered to compensate the aforesaid `
employes at their applicable rate of pay from the time they returned
to home station until wreck train outfit was returned to home station.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
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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.
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Parties to said dispute waived right of appearance at hearing thereon.
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On the date specified in the claim, claimants, who constituted the wrecking
crew were dispatched to the scene of a derailment. The "wrecking outfit", composed
of a tool car, block car, comisuy car and panel rail car were dispatched with the
crew at 10:00 A.M. on July l6, 1971. After completing their work at the derailment
the crew was returned home by automobile arriving at 9:00 P.M. July 16, 1971. The
"wrecking outfit", the composition of which is listed above, returned to the home
station July 17, 1971 at 1:00 P.M. The claim is for the number of hours from 9:00 P.M.
July 16th to 1:00 P.M. July 17th.
The Organization relies principally on rule 125 reading:
"When wrecking crews are called for wrecks or derailments, a
sufficient number of the regularly assigned crew will accompany
the outfit."
Form 1 Award No. 61198
Page 4 Docket No. 6342
2 LV-CM4' 73
Carrier maintains the position that since a derrick was not included in _,r
the equipment dispatched to the derailment, the other equipment that was dispatched
did not consitute an "outfit" as that term is used in the above cithd:rule. In
furtherance of their position, they cite award 5034 among others.
We have reviewed these awards and agree with the reasoning contained
therein. As was stated in award 5034, a derrick is an essential part of the "outfit",
and since such equipment was not dispatched to the derailment scene, we cannot find
a violation of rule 125 or any other rules of the collective bargaining agreement.
We must accordingly deny the claim.
A WA R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
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Attest:. ,
Executive Secretary
Dated at Chicago, Illinois, this. 30th day, of May! 1973,.
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