Form 1
Parties to Dispute:
( Louisiana and Arkansas Railway Company
Dispute: Claim of Employes:,.
NATIONAL RAILROAD ADJUS'fNEIW BOARD
SECOND DIVISION
Award No. 7157
Docket No.
6999
2-L8cA-CM-'
76
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
System Federation No.
3 (59),
Railway Employss'
Department, A. f. of L.
(Carmen)
- C. I. 0.
That the Carrier's use of other than Carmen (outside contractor)
'to tie down and inspect wrecked cars at Mansfield, La., March 26,
197+,
was improper under the controlling agreement.
2. That, accordingly, the Carrier be ordered to compensate the
following seven (7) Carmen employed at Deramus Yard, Shreveport,
La., eight and one-half
(82)
hours each at pro rata rate:
R. P. Tyler
J. M. Downs
W. W. Walker
G. Lazarus
Findings:
P. H. Merritt
J. L. McCann
J. E. Glaze
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,
193+.
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 or about 3:00 AM, on February 23,
197+
five cars in one of Carrier's
freight trains became derails°d at Mile Post
590
which is outside yard limits
where Carmen are employed. Three of the five cars were overturned.
The two derailed cars were retailed, and after removing the contents,
the three overturned cans were loaded on flat cars and secured for shipment
to owning Carrier. There is no evidence that inspection of the cars was
involved.
The stated work was performed by an outside Contractor and his employes
which give rise to this disDnzte.
Form 1
Page 2
Award No. 7.57
Docket No.
6999
2-L8cA.-CMr'
76
Based on previous
Awards
of this Division we hold that loading aid
securing the wrecked cars fox transportation purposes under circumstances
which here prevail is a continuation of the wrecking process, Second Division
Award No.
6259
covers a dispute between the same parties and holds that
wrecking service outside yard limits on this property is not exclusively
contracted to Carmen.
A W A R -D
Claim denied.
Attest: Executive Secretars~
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT
BOARD
By Order of Second Division
emaxie Bxasch - Administrative Assistant
Dated at Chicago, Illinois, this 29th, day of October, 1976.