Form 1
a
TICPDAL PAILROAD ADXuSTME.`T BOARD Award No. 6970
SECOND DIVISION Docket No. 6716
2-T&P-CM-'75
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when
award was rendered.
( System Federation No. 121 Railway Employes'
( Department9 A.F.L. - C.I.O. - Carmen
Parties to Dispute
(
( The Texas and Pacific Railway Company
Dispute: Claim of Empioyes
:
1. - That the Carrier violated the controlling Agreement when they
improperly compensated Carman R. A. Martin and Carman
Helper
R. C. Ledford for services performed on August 31, 1973.
2. That accordingly, the Carrier be ordered to additionally compensate Carman R.A. Martin and Carman Helper R. C. Ledford
the difference between their respective time and one-half
rate of pay and the double time rate of pay for four and onehalf (4 1/2) hours each.
Find
mgrs
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.
Claimants R. A. Martin and R. C. Ledford are, respectively, a Carman
and Carman Helper employed in Carrier's Mechanical Department a t Fort Worith,
Texas. Claimants hold regularly assigned positions on the first shift, repair
track, with hours of service 7:30 A.M. to 4:00 P.M., with lunch period 12:00
to 12:30 P.M. On August 31., 1973 Claimants at about 10:00 a.m. were insixucted
by supervisor to proceed to Lawrence, Texas, a distance of some 64 miles
to change out a
pair
of wheels on MPX-700269 a hopper car filled with sand.
Upon arrival, Claimants jacked the car and rolled the truck out from under to
change one pair of wheels. During their lunch break, at about 12:30 p.m. the
ground under the jack on the north side of the car gave way and the car fell
off the jack. Claimants thereupon notified their supervisor at Fort Worth who
dispatched a Cline road truck to Lawrence with two additional Carmen. The
j.~uck arrived at about 8:00 p.ai. and these men proceeded under instructions
--1,7orm 1 Award No. 6970
_tge 2 Docket No. 6716
2-T&P-CM-'75
from Fort Worth to keep working until all of the work was completed. After
rejacking the hopper car and changing out the defective wheels, the trucks
were replaced under the car and the entire job was completed a t approximately
5:00 a.m. September 1, 1.973.
For the work described supra, the Claimants were paid eight hours at
the straight rime rate representing their regular assigned hours a t home
station and tire and one-half for the next 12 hours and 30 minutes of service.
Claimants assert that for the last 4 hours and 30 minutes for time beyond
16 hours computed from the start of their regular assignment they should have
received double tima under Rules 3 and 6 (a) governing Overtime and Emergency
Service, Road Work. Thus the instant claim sae:~a ra-imbtrsenmnt for the difference
between time and one-half and double time for the last four hours and 30 minutes
worked.
Carrier resists the claim on the grounds that the applicable Rules for
payment purposes in this case are not 3 and 6 (a) but the "Wrecking service pay
rule" set forth in 6 (e) of the controlling Agreement. Carrier reaches this
position by reasoning that the work for which Claimants originally were called
out was emergency road work but that work metamorphized into wrecking service
work at the moment when the hopper car fell off the jacks at 12:30 p.m. on
(-August 31, 1973. Thus, Carrier argues that Claimants were paid properly at the
r..
'lime and one-half rate for the last four hours and 30 minutes because the nature
of the work performed during that time was wrecking service work and not emergency repair work. As authority for this position Carrier cites Awards 4563,
and 6472 inter alia and seeks a denial award.
The narrow issue presented by this case is whether the status of Claimants
for pay purposes automatically changed at the moment the hopper car fell off the
jacks at 12:30 p.m* on August 31, 1973. We have considered carefully the Agreement language and the record evidence. Our analysis of the cony Awards cited
by Carrier leads to a conclusion that none of them is
determinative of this case
as each may be distinguished on the facts and issues from the present case. Cited
Awards 4563, 6257, 6322, 6602 and 6757 all deal with derailment and rerailing
by non-Carmen employees or by forces of outside contractors. Award 6472 deals
with sand-blasting paint and Award 6672 turns on an interpretation of seniority
districts so that neither is relevant whatsoever to the instant dispute. The
only cited case which is close to ours is Award 6677 and that may be distinguished
on the basis that Claimants therein were specifically assigned to augment a
wrecking crew already on the scene of a derailment. The instant case presents
a fact pattern directly opposite to that in the earlier Award.
We are not persuaded that a metamorphosis occurred in
Cla-icants' status
for pay purposes when the hopper car slipped off the jack. The employees had
been dispatched to perform emergency rcad service and, notwithstanding the
intervening and unanticipated slipping of the car off the jack they completed
the repair work to the hopper car by changing out the faulty wheels and returning
111~
.he car to its truck. In the particular facts and circumstances of this case
Form 1 Award No. 6970
"'lage
3 Docket No. 6716
2-T&P-CM-' 75
we are persuaded that the work performed by Claimants during the 4 hours and
30 minutes culminating at 5:00
a.m.
September 1, 1973 was emergency road
repair service. As such Claimants should have been paid double time for the
work performed. We shall sustain the claim.
A WA R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By- ~ .
o.. marie Brasch - Administrative Assistant
Dated a t Chicago, Illinois, this 12th day of December, 1975.