Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7159
SECO~.fi DIVISION Docket No. 7006
2-L&A-CM-'76
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr., when award was rendered.
Parties to Dispute:
( Louisiana and Arkansas Railway Company
Dispute: Claim of Employer:
System Federation '`o.
3 (59),
Railway Employer'
Department, A. F. of L. - C . I. 0.
(Carmen)
1. That the Carrier's use of other than Carmen (outside contractor)
to clear main line at Mile Post 126, Goldonna, Louisiana, March
12th and 13th, 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., three
and one-half
(32)
hours each at penalty rate for March 12, 197+;
and eight and one-half
(82)
hours each at pro rata rate for March
13 , 197+.
Findings:
G. P. Lazarus
R. P. Tyler
J. E. Glaze
W. W. Walker
P. H. Merritt
J. M. Downs
J. L. McCann
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 employer 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 approximately 11:20 PI4, on March 12, 197+, seventeen cars in one
of Carrier's freight trains became derailed at Bridge 126.7. Sixteen of
the cars were overturned at different angles on both sides of the main
track, into and through a 100-foot trestle.
The nearest wrecking outfit stationed at Shreveport, Louisiana was
engaged in Wrecking Service on March 12 and 13, 197+, at Morringsport,
Louisiana and Rodessa, Louisiana. Carrier engaged an outside contractor
with off-track equipment to move the wrecked cars away fromthe main line
Foam 1
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Award No.
7159
Docket No. 7006
2-L&A-CM-'76
and trestle in order that necessary repairs could be made by Maintenance
of Way forces.
It has long been held by this Division that a main line derailment
creates an emergency situation requiring immediate attention. Carrier has
discretion in clearing the main line for operation. See Second Division
Awards 68+0 and 68+1.
A WAR D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By J ~~.·siC.r~"i
o emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 29th day of October,
1976.