Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6681
SECOND DIVISION Docket No. 6577.
The Second Division consisted of the regular members and in
addition Referee Irwin M. Liebeiman when award was rendered.
( System Federation No.
71,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Dulwth, Winnipeg and Pacific Railway Company
Dispute: Claim of Employes:
1. That in violation of the current agreement, the Carrier
brought in a Burlington Northern Cline Truck No.
8096,
along with crew consisting of a driver and two (2) Carmen,,
to rerail Duluth, Winnipeg and Pacific Railway Company
Diesel Unit No. 3609 within the limits of the D. W. & P.
West Duluth yard. The Carrier also improperly dispatched
four (4) assigned wrecking crew members from West Virginia,
Minnesota to West Duluth, Minnesota by highway motor
vehicle.
2.
That accordingly the Carrier be ordered to compensate
West Duluth, Minnesota Carmen W. Madill, G. Michellizi,
L. Spehar and W. Marciniak for four
(4)
hours at the
punitive rate account a Burlington Northern cline truck and
crew were used and were improperly augmented by the
D. W. & P. assigned wrecking crew from West Virginia,
Minnesota.
Findings:
The Second Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier or carriers anc? 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.
On August
25, 1971
a diesel locomotive was derailed within the yard
limits at West Duluth, Minnesota. Carrier leased a Burlington Northern
off-track crane with a crew of three men to clear the derailment. In
C_:_
addition, Carrier dispatched four assigned wrecking crew carmen from West .
Form 1
Page 2
By:
Award No. 6681
Docket No. 6571
2-DW&P-CM-' 74
Virginia, Minnesota (sixty miles from West Duluth) to assist in the rerai:
ing operation.
The record indicates that the north lead track to the yard was
blocked by the derailment and that an emergency situation existed. There
is a practice of long standing on this property of using carmen assigned
to the wrecking crew to work on derailments whenever a crane is used.
Further, it is well established that Carriers may lease equipment from
other railroads to assist at derailments such as this.
In view of the emergency situation and under the particular facts
and circumstances in this dispute, the claim must be rejected, without
establishing any precedent.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Ros
marie Brasch - Aden strative Assistant=
Dt
a ed
t
Chicago, Illinois, this 17th day of April, 1974..