Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6838
SEC02TD DIVISION Docket No. 6652
2-BNI-CM-'75
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No. 7, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Burlington Northern, Inc.
Dispute: Claim of Employes:
1. That the Burlington Northern, Incorporated violated Rules 7,
82, 83 and 86 of the controlling Agreement in effect on the
Burlington Northern, Incorporated, when they sent other than
the regularly assigned Superior wrecking crew and wrecking
derrick to rerail derailed cars, load salvage parts and truck::
at a derailment during the period of from April 29, 1972
through May 14, 1972.
2. That accordingly the Burlington'Northern, Incorporated, be
ordered to additionally compensate Superior Carmen J.
Paquette, J. Monberg, E. Ebmer. C. Jablonski and E. W.
Bergh in the amount of sixteen (16) hours each at the time
one-half
(12)
rate for each claimed day from April 29 through
and including May
14,
1972.
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 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 claim is a factual sequel to the circumstances described in
our Award No. 6837. After the Superior Wisconsin wrecking
crew was sent home on April 29, 1972 (following six days work at a
derailment of over 50 ore cars at Pengilly, Minnesota), a B & B crane
and carmen from Kelly Lake, Minnesota were dispatched to the derailment
site on April 29 and worked until May
14,
1972.
Form 1
Page 2
Award No. 6838
Docket No.
6652
2-BNI-CM-'75
The Organization contends that Carrier violated the rules of the
agreement between the parties when it relieved the Superior, Wisconsin
wrecker and crew on April
29
and assigned the work that remained to
a B & B crane and carmen from Kelly Lake, Minnesota.
The Board finds that the record fails to show that the crew from
Superior, Wisconsin should have been continued after April 28th. There
is nothing in the agreement that gives the Superior crew the right to
perform the work in question over the crew from Kelly Lake (who were
also carmen in the same seniority district).
Under the particular circumstances of this dispute, the claim must
be denied.
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
A W A R D
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
B;
Date at Chicago, Illinois, this 7th day of~April, 1975.
semarie Brasch - Administrative Assistant