Form 1 NATIONAL RAILROAD ADJUSTIvIE-T BOARD Award No.
6841
SECOND DIVISION Docket No. 6711
2-ICG-CM-'75
The Second Division consisted of the regular members and in -
addition Referee David F. Twomey when award was rendered.
( System Federation No. 99, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes: -
1. That the current agreement was violated when the Carrier used
Hulcher Emergency Railroad Service, an outside contractor to
help clean up a derailment at Hickory, Kentucky, on April 28,
1973. -
2. That accordingly the Illinois Central Gulf Railroad be ordered
- to compensate J. E. Fonville, Conely Lamkin, J. D. Lamkin,
- L. V. Beckham, F. J. Kaufman and R. E. Seay who are members
of the wrecking crew for twenty-four (24) hours each at the
overtime rate for April
28, 1973.
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. .
At approximately 3:
45
A. M. on April 28, 1973, a freight train
derailed on the Carrier's main line at Hickory, Kentucky, some
16.5
miles from Paducah, Kentucky, Paducah having a complete wrecking outfit
with a 120 ton derrick. The locomotive and first 23 cars of the train
remained on the track, but cars 24 through 51 were derailed: cars 52
through 80 remained on the track. Part of the wreckage included an
- overturned 38,000 gallon tack car loaded with anhydrous hydrofluoric
acid. Further, the derailment crushed a 1,000 gallon ammonia tan-k
located in an adjacent field. A number of residents of the community
were evacuated and seven residents were overcome by fumes-and were
-. taken to a local hospital for observation. Company officials had to
Form 1 Award No. 68+1
Page 2 Docket No. 6711
2-ICG-CM-'75
wait some three hours for the ammonia gas to dissipate to inspect the
wreckage and determine a course of action. It was the Carrier's
decision that the uprighting of the acid tank car would be extremely
dangerous and that such an undertaking would require the expertise of
Hulcher Emergency Railroad Service. Further, it was the Carrier's decision
that Hulcher's off-track equipment was necessary to expeditiously clear
the main line blockage and the passing track blockage. Hulcher forces
arrived at the scene at I:30 P. M., utilized
4
caterpillars to upright
the 38,000 gallon acid car and opened up the main line to traffic by
8:00 P.M. After the main line was opened to traffic, both the Paducah
and the Memphis wreckers were dispatched to the site to rerail and pick
up the cars on May 20, 21, and 22.
The Organization contends that the Paducah wrecking outfit being
only a distance of
16.9
rail miles from the derailment.could and should
have been called to perform the work as there was a passing track at the
site of the derailment that could have been used by the Paducah outfit.
The Carrier objects to the implication that a standing wrecking outfit
was on duty at Paducah capable of immediate response; and elaborates the
timely process of calling a rested train crew, deadheading the crew to
Paducah, and then getting the work train to the derailment site. Further,
the Carrier contends that due to the extensive blockage of and the
resulting damage to the main line and passing track, the Paducah wrecker
was precluded from useful service in eliminating the emergency.
.The,Organization contends that while an emergency did exist because
of the escaping ammonia gas, when the air was cleared of gas, the
emergency ceased to exist, and the Carrier had the obligation to engage
its own equipment. The Carrier contends that in addition to the
emergency of the escaping ammonia gas, there existed the emergency situation
of the overturned acid car and the total emergency of the extensive main
line blockage.
The Organization contends that the Paducah derrick could have easily
uprighted the acid tank car, and thus no emergency existed in this regard..
The Carrier contends that four off track caterpillar tractors were
required; and that damage to the main line and spur track precluded a
derrick from reaching this particular tank car and others as well.
The Organization contends that the Carrier could have rerouted
their trains from the main line to by-pass the Hickory derailment:
thus making the main line blockage not an emergency. The Carrier contends
that the Organization's proposed route could not manage the flow of
traffic which the main line accomplishes; and the cost to the Carrier
would be greatly increased in the transfer of products to nearby
Mayfield.
Form 1
Page
3
Award No. 68+1
Docket No. 6711
2-ICG-CM-t75
The Organization contends that panel rail was available. The
Carrier disagrees. The Organization and Carrier disagree as to haw
much of the siding was torn up.
In Award 1Vo.
68+0
we made reference to the applicable standards
for deciding such a controversy as exists -in the.present case as
developed from Award
6582.
They are: (a) did an emergency exist, (b)
did outside forces perform work at the site after the emergency ceased,
(c) did the Carrier abuse its managerial discretion.
We find from all of the evidence of the record in the present casC,,
that a compelling emergency did in fact exist. We find there is no
evidence that the Carrier utilized outside forces to
perform
work-after
the emergency ceased. Hulcher forces cleared the main line blockage
and then secured its operations. The Paducah and Memphis wreckers were
dispatched to the site to retail and pick up the cars on May 20, 21 and.
22. We find that the Carrier has not abused its managerial discretion.
A W A R D
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT
BOARD
By Order of Second Division
Attest: ~ Executive Secretary
National Railroad Adjustment Board
BY
~F~semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 7th day of April, 1975.
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6841
S",TD DIVISION
ECO'l Docket No.
6711
2-ICG-CM-'75
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No.
99,
Railway Employes'
Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes:
1. That the current agreement was violated when the Carrier used
Hulcher Emergency Railroad Service, an outside contractor to
help clean up a derailment at Hickory, Kentucky, on April 28,
1973 .
2. That accordingly the Illinois Central Gulf Railroad be ordered
to compensate J. E. Fonville, Conely Lamkin, J. D. Lark=n,
. L. V. Beckham, F. J. Kaufman and R. E. Seay who are members
of the wrecking crew for twenty-four (24) hours each at the
' overtime rate for April 28,
1973.
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.
At approximately
3:x+5
A. M. on April 28,
1973,
a freight train
derailed on the Carrier's main line at Hickory, Kentucky, some
16.5
miles from Paducah, Kentucky, Paducah having a complete wrecking outfit
with a 120 ton derrick. The locomotive and first 23 cars of the train
remained on the track, but cars 24 through
51
were derailed: cars
52
through 80 remained on the track. Part of the wreckage included an
. overturned 38,000 gallon tank car loaded with anhydrous hydrofluoric
acid. Further, the derailment crushed a 1,000 gallon ammonia tank
located in an adjacent field. A nunfoer of residents of the community
were evacuated and seven residents were overcome by fumes and were
x.
taken to a local hospital. for observation. Company officials had to
Form l Award No.
6841
Page 2 Docket No. 6711
2-ICG-CM-'75
wait some three hours for the ammonia gas to dissipate to inspect the
wreckage and determine a course of action. It was the Carrier's
decision that the uprighting of the acid tank car would be extremely
dangerous and that such an undertaking would require the expertise of
Hulcher Emergency Railroad Service. Further, it was the Carrier's decision
that Hulcher's off-track equipment was necessary to expeditiously clear
the main line blockage and the passing track blockage. Hulcher forces
arrived at the scene at 1:30 P.M., utilized 4 caterpillars to upright
the
38,000
gallon acid car and opened up the main line to traffic by
8:00 P.M. After the-main line was opened to traffic, both the Paducah
. and the Memphis wreckers were dispatched to the site to rerail and pick
up the cars on May 20, 21, and 22.
The Organization contends that the Paducah wrecking outfit being
only a distance of 16.9 rail miles from the derailment could and should
have been called to perform the work as there was a passing track at the
site of the derailment that could have been used by the Paducah outfit.
The Carrier objects to the implication that a standing wrecking outfit
was on duty at Paducah capable of immediate response; and elaborates the
timely process of calling a rested train crew, deadheading the crew to
Paducah, and then getting the work train to the derailment site. Further,
the Carrier contends that, due to the extensive blockage of and the
resulting damage to the main line and passing track, the Paducah wrecker
..r
was precluded from useful service in eliminating the emergency.
The, Organization contends that while an emergency did exist because
of the escaping ammonia gas,-ifhen the air was cleared of gas, the
emergency ceased to exist, and the Carrier had the obligation to engage
its own equipment. The Carrier contends that in addition to the
emergency of the escaping ammonia gas, there existed the emergency situation
of the overturned acid car and the total emergency of the extensive main
line blockage.
The Organization contends that the Paducah derrick could have easily
uprighted the acid tank car, and thus no emergency existed in this regard..
The Carrier contends that four off track caterpillar tractors were
required; and that damage to the main line and spur track precluded a
derrick from reaching this particular tank car and others as well.
The Organization contends that the Carrier could have rerouted
their trains from the main line to by-pass the Hickory derailment:
thus making the main line blockage not an emergency. The Carrier contends
that the Organization's proposed route could not manage the flow of
traffic which the main line accomplishes; and the cost to the Carrier
would be greatly increased in the transfer of products to nearby
Mayfield.
Form 1 Award No. 6841
Page
3
- Docket No. 6711
2-ICG-CM-'75
The Organization contends that panel rail was available. The
Carrier disagrees. The Orgm ization and Carrier disagree as to how
much of the siding was torn up.
In Award No. 6840 we made reference to the applicable standards
for deciding such a controversy as exists in the present case as
developed from Award 6582. They are: (a) did an emergency exist, (b)
did outside forces perform work at the site after the emergency ceased,
(c) did the Carrier abuse its managerial discretion.
We find from all of the evidence of the record in the present case,
that a compelling emergency did in fact exist. We find there is no
evidence that the Carrier utilized outside forces to perform work after
the emergency existed. Hulcher forces cleared the main line blockage
and then secured its operations. The Paducah and Memphis wreckers were
dispatched to the site to rerail and pick up the cars on May 20, 21 and
22. We find that the Carrier has not abused its managerial discretion.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
~,' By Order of Second Division
Attest: . Executive Secretary
National Railroad Adjustment Board
By
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 7th day of April, 1975.
~r~