Form 1 NATIONAL RAILROAD ADJUSTI~TTIT BOARD Award No.
6847
SECOND DIVISION Docket No.
6756
' 2-SCL-CM-'75
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No. 42, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated terms
of the controlling agreement when on September 22, 1972 ;hey
used employees of Wilson Sand Company to assist Carmen in
rerailing six
(6)
cars at Whitmore, South Carolina.
2. That accordingly the Seaboard Coast Line Railroad Company be
ordered to compensate Carmen 'E. H. McMullen, C. B. Dickerson,
' and R. L. Morton, nine and one-half
(92)
hours each; J. Furst,
eleven and one-half (112) hours; and R. G. McLarty, fourteen
and one-half
(142)
hours; and P. N. Salmon, eighteen (18)
hours, at overtime rates.
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.
Six camp cars were derailed on a spur track at Whitmire, South
Carolina on September 21, 1972. The Carrier's General Car Supervisor
was sent from Atlanta, Ga. to assess the situation. The Carrier determined
to rerail the cars by utilizing two Carmen stationed at Greenwood,
South Carolina and contracting with the Wilson Sand Co. for the use of
a crane and an operator and oiler. The crane and the two employees
of the Wilson Sand Co. were utilized for seven hours; and the two Carmen
worked 11 1/2 hours each during the rerailing operation.
Form 1
Page 2
Award No, 6847
Docket No. 6756
2-SCZ-CM-'75
The Organization contends that the Carrier had a contractual
obligation to call and use the claimants for the work at Whitmire.
The Carrier disagrees and further contends that the cost of using the
Atlanta wrecker, located some 200 miles from Whitmire, would be
prohibitive.
Awards of this Division have held that wrecking service work belongs
to the wrecking crew when a derrick or similar equipment is used, unless
the use of a substitute for the derrick is necessitated by an
emergency. See Awards
4964, 4186
and 1327. Clearly, in the case at
hand there was no emergency, and there were no contentions made in this
regard. Concerning the Carriers contention about; the distance and
resulting costs involved if the Atlanta Wrecking crew were utilized,
it must be clearly asserted that this Board cannot sanction a violation
of the parties'Agreement in the name of economy.
We find that the use of the crane and employees of the Wilson Sand
Co. and the use of the two Carmen at the Whitmire derailment violated
the Agreement and we shall sustain the claim. Due to the extremely
narrow circumstances. of this case we shall sustain the claim only to
the extent of the total hours actually utilized by the improperly
constituted work team at Iiv?hitmire. The difference in amount of time
claimed for the various claimants in the Statement of Claim is the result
of their duty hours at their home station. Notwithstanding such
differences, the claim for the six claimants shall be paid at the straight
time rate for an equal amount of hours, that being
6 1/6
hours per
individual.
A W A R D
Claim sustained as per Findings.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
`''R9
emarie Brasch Admi~TfstFative Assistant
Dated at Chicago, Illinois, this 7th day of April, 1975.