Form 1 NATIONAL
RAILROAD
ADJUSTMENT BOARD Award No. 6636
SECOND DIVISION"d Docket No. 6464
2-SOU-CM-1 74
The Second Division consisted of the regular members and in
addition Referee Louis Yagoda when award was rendered.
( System Federation No. 21, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Southern Railway Company
Dispute: Claim of Employes:
1. That Carrier violated the controlling Agreement when it failed
to allow-Carman R. L. Chapman to accompany the derrick to a
derailment on June 10, 1972.
2. That accordinglyq the Carrier be ordered to compensate Carman
R. L. Chapman, Macon, Georgia for forty-nine (49) hours and
twenty-five (25a minutes at the rate of time and one-half.
Findings:
The Second Division of the Adjustment Board, upon the whole record ,and
Q
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 a t hearing thereon.
It is stipulated that at the time of the events on which claim is based,
Claimant held a bid-in assignment as extra man on derrick crew. At 12:10 p.m.
on June 10, 1972, the derrick at Claimant's home station (Brosnan Yard,
Macon, Georgia) was called for a derailment at Hallow, Georgia (a point
approximately 175 miles away from Macon on Carrier's line). An extra .
groundman was needed thereon due to absence of one of the regular groundmen.
However, at the time, Claimant was on assignment on road trip with repair
truck for car repairs at points about 50 miles south of Macon. He completed
this road work and did not return to his home station until 4:30 p.m., four
hours and 20 minutes after the derrick crew had been called for the
derailment at Haylow.
Accordingly, Carrier called and the next derrick groundman was used
who was available at the home station and derrick departed Brosnan Yard at.
1:50 p.m. After travelling to Haylow, said crew performed the derailment
work on that day, June 10th, and continued thereon on June 11th, 12th, and
13th, returning to Macon on the latter date.
Form 1 Award No. 6636
Page 2 Docket No. 6464
2-SUU-CM-`74
Claim is f.-or payment of 49 hours and 25 minutes a t the time and onehalf rate, account not being called and used as extra derrick groundman
with crew that was called on June 10, 1972 for the Haylow derailment.
We find no rule compelling Carrier to interrupt and send for an
assigned extra groundman already out and at work on a road trip and return
him to his home yard so that he may thereupon begin another assignment.
Employes allege that such was the established practice here but fail
to meet Carrier's statement that the one instance cited in support thereof
involved a regular derrick groundman as distinguished from extra man,
Claimant's status. Rule 153, cited by Employes refers only to "regularly
assigned crews". -We find unpersuasive Employes' contention that because
he was taking the place of
a
regularly assigned derrick crew member who ,,?as
on vacation, Claimant thereby became a "regular assigned crew member" for
purposes of Rule 153.
A W A R D
Claim denied.
NATIOMAL RAILROAD ADJUST"SENT BOARD
gy Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By:
:~ .'1rLL,, _-r_. ~/~12-Q-2'
~~L
Ro rmarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 6th day of February, 1974.
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