Form 1 NATIONAL RAII20AD
ADJUSTL~ENT
BOARD Award Uo. ' E>599
. - SECOND DIVISION Docket No. 0+08
2-IT-CM-'73
The Second Division consisted of the regular members and in
addition Referee Edmund W. Schedler when award was rendered.
( System Federation No. 154, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Illinois Terminal Railroad Company
Dispute: Claim of Employes:
1. That the Carrier improperly used employes of a private company to assist
members of the wrecking crew in clearing up wrecks and derailments on
various days, March 11, 1970, March 17, 1970, April 2, 1970, and
April 14, 1970, to the exclusion of the Claimant Carmen.
2. That accordingly, the Carrier be ordered to additionally compensate
Claimant as follows:
(A) Claim No. 7 - Leonard. Hernandez, E. Quade, Larry Hernandez,, L. E.
Crawford, A . R. Houston, and L. L , Mc*rooni in the ar!oiint of frrur f 4 )
hours each at the time and one.!-half rate of pay.
(B) Claim No. 8 - P. Ostor, E. H. Cranner, W. E. Knight, R. Scott and
J. L. Dowdy in the amount of seven (7) hours each at the time and
one-half rate of pay.
(C) Claim No.
9
- three parts.
Part one (1) - E. Quade, Larry Hernandez, Leonard Hernandez;, A. R.
Houston, P. Oster, and E. H. Cranmer in the amount of two (2) hours each
at the time and one-half rate of pay.
Part two (2) - E. Quade, Larry Hernandez, Leonard Hernandez's A. R.
Houston, P. Oster, and E. H. Cranmer in the amount of eight (8) hours
each at the time and one-half rate of pay.
Part three (3) - P. Oster, J. L. Dowdy, W. E. Knight, John Chaikovs~
R. Scott and E. H. Cranmrr in the amount of eight (8) hours each at the
time and one-half rate of pay.
(D) Claim No. 10 - Leonard Hernandez,, E. Quade, Larry Hernandez,, L. E.
Crawford, A. R. Houston,and L. L. McBroom in the amount of ten (10)
hours each at the tire and one-half rate of pay.
r-
^orm 1 Award No.
6199
gage 2 Docket No. 6,08
2-IT-CM-'73
The Second Division of the Adjustment Board.9 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.
This dispute involved the question of whether or not the Carrier violated
the labor agreement in contracting out the work of clearing up train wrecks and
derailments outside the yard limits of the Federal Shop located at Alton, Illinois.
The sequence of events leading up to this dispute were as follows:
(1) On March
6,,
1970 the Carrier posted a notice retiring a steam derrick
and its associated wrecking equipment. Future wrecking equipment would
consist of the x:52-~:50 mobile ?it3!ting system located at- tae Fcdera1
a
Shops and. the Xti51 located at the Decatur, Illinois rip track.
r
~2) On March 11., 1970 the Carrier had a derailment at Madison, Illinois
outside the
yard
limits of the Federal Shops) and contracted out the
services of 2 bull dozers and
6
men for 4 hours to clear the derailment.
(3)
On March 17, 1970 the Carrier had another derailment at Madison_ Illinois
(again outside the yard limits) and contracted out for the services of
6
employes and equipment for 10 hours to clear the derailment.
(4)
On April 2., 1970 the Carrier had a derailment at
Sandent
near Collinsvill
Illinois. This
derailment was outside the yard limits of the Federal Shops
and
the Carrier contracted out for labor and equipment service on April 2
and April 3,, 1970.
(5) On April 14, 1970 the Carrier had a derailment near Edwardsville,
Illinois outside the yard limits of the Federal Shops. Carrier contracted
out the labor services of 5 men for rerailing the flat cars.
The Organization cited Rule 127 and Rule 12$ of the current agreement,
to wit:
"Rule 127
Wrecking Crews
Regularly assigned wrecking crews, including engineers and fireman,
will be composed of carmen, and will be paid for such service under
Rule 10.
r
r_-orm 1 Award No.
6599
;-age 3
Docket No.
6408
2-IT-CM-'73
"Meals and lodging will be provided by the company while crews are
on duty in wrecking service.
When neededv men of any class may be taken as additional members
of wrecking crews to perform duties consistent with their
classification."
"Rule 128
When wrecking crews are called for wrecks or derailments outside of
yard limits., the regularly assigned crew will accompany the outfit.
For wrecks or derailments within yard limits, sufficient carmen will
be called to perform the work."
The Carrier's position was that a majority of awards on the Illinois Terminal
covering the subject matter have been decided in favor of the Carrier (Second Division
Awards
3023, 3889, 3991
and.
4125).
This instant award will be the fruit of reason ripened by the precedence
of prior awards before the Board. In Award 6210 a derailment of the Carrier's
equipment occurred wdile operating on the traGliks of the Illinois Central Railroad.
~''~"i~e substance of the a-ward was
that
:;erailmend urork was the responsibility
of
the
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fact
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Central did not give the instant Claimants tile right to clear Illinois Central tracks.
In A'*rard
264
of Special Beard of Adjustment No.
570
in a wreck outs1:de the
yard limits, the Carrier called out their x452 wrecking crane with
3 men as well as an
outside contractor with 2 bulldozers and
6
employees. In denying this claim., Award
264
placed strong emphasis on the Organization's requesting a rule revision to the
Carmen's Classification of Work rule number 124 - the request would add wrecks.and
derailments to the carmen's~work.
In Award
6324
(Referee D. J. Harr) involving a derailment outside the yard
limits,, this Board denied the
Organization's claim
because the Organization had filed
a Section
6
Notice requesting the amendment of the Carmen's Classification of Work Rule
and this Board held that this was recognition by the Organization that existing rules
did not give the carmen the exclusive right to wrecking service.
In Award
6325
(Referee D. J. Harr) the carrier called
6
employees of their
own wreck crew as well as an outside contractor's equipment with
3
employees. The
contractor equipment included a "bulldozer-crane" to assist in the wrecking service.
The Referee for the instant dispute notes that merits of Award
6324
and
6325
were distinguishable in that in
6324
the award did not show that the Carrier used any
of their-own employees and in Award
6325
the Carrier used their own employees as well
as employees of an outside contractor.
P
orm 1 Award No.
6',599
Page
4
Docket No.
6408
2-IT-CM-'73
In Award
4836
involving the Elgin, Joliet & Eastern Railway Company and
the Carmen, the Organization cited rule 131 which reads exactly like rule 128 of the
instant dispute except there was a proviso "the regularly assigned crew will,
if necessary, accompany outfit." In Award
4836
this Board cited Award 1327 where the
words if necessary" were not used; ands in Award
1327,
a crane other than wrecking
crew's crane was used. Award
4836
continued citing Award
1327
by stating:
"Based upon the facts of this case we find that under the applicable
rules the Carrier had a definite re.1ponsibility to call these
claimants to perform the wrecking service in question. The job
necessitated the use of hoists jacks and other tools of this craft,
as well as the making of repairs to the cars involved. No emergency
was involved and the claimants were available for assignment. A
properly equipped wrecking crew was needed and the equivalent specially
recruited."
In Award 6257 (Shapiro) this Board cited Award 1757 (Carter), to wit:
"We think the applicable rules governing wrecks or derailments outside
of yard limits mean as f ollows
a
%a) mha
e'PTfg
axs$gredp S'r'i:^_~ArereCk trein . e!XC.l_tri_a._-
s
engineers, will be composed of carmen.
(b) when a wrecker or wreck train is called for wrecks or derailments
outside of yard limitsp the regularly assigned crew of carmen are
entitled to accompany the outfit.
(c) If a derrick, crane or other wrecking equipment operated by
employees of another craft is used in lieu of an availa ble wrecker .
and crew., a violation of the agreement ordinarily exists.
(d) When a derailment occurs outside of yard limits and the services
of a wrecker are not requireds the wrecking crew do not have the
exclusive right to perform the work.
(e) If a wreck or derailment necessitates the doing of work within
the carmen's scope rules a carman is entitled to perform the work.
(f) A train crew may peroperly rerail a locomotive or cars when the
assistance of a wrecker is not required., without encroaching upon
the rights of carmen.
(g) The use of section foremen, section laborers or other employees
to rerail a car or locomotive, when a wrecker is not needed, does not
violate the carmen's agreement. _
-...Form 1
'ze 5
Award No. 6!;99
Docket No. 6408
2-IT-CM-'73
"(h) Others than carmen may properly rerail locomotives and cars', when
a wrecker is
not called or needed, by the use
of jacks, frogs,
rerailers, blocks, and similar expedients, but this does not imply
that such employees may invade the work of carmen specified in
their
Classification of
Work Rules."
In Award 13221
a dispute involving
similar circumstances, this Board said:
"The word 'when'`in the sentence from Rule 731, providing:
'When wrecking crews are called for wrecks or derailments outside
the yard limits, the regularly assigned
crew will
accompany the outfit.'
is a conditional word, indicating that the parties contemplated that; in
some circumstances wrecking crews would not be called to the scene of
wrecks and derailments."
In Award 1482 the Board said:
"It is only when a wrecker is required that all wrecking work is assigned
to carmen . ... Consequently when a derailment occurs outside of the
yard limits, as here, and
fiche
services of the wrecker are: not required,
y'!P
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do
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the
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n1 71F`"Pi.~.-
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the work."
In Award 6257
sustaining the Organization's claim, the XM52 wrecker truck
with a crew of three carmen was dispatched frog the Federal Shops.
In the instant disputes there was no evidence to show that a wrecker was
dispatched from the Federal Shops nor did the evidence show that a wrecker was
furnished by any other facility. There was no evidence to show that a bulldozer
as used in the instant dispute replaced a crane or derrick. Therefore the work
done would logically fall under item (d) in Award 1757 and the claim is denied.
A W A R D
Claim
denied.
Attest: Executive Secretary .
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTWNT BOARD
By Order of Second Division
Ros marie Br asch - Administrative Assistant
Dated at Chicago, Illinois, this 19th day of November, 1973.