Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7+21
SECOND DIVISION Docket No.
73+7
. 2-MP-CM-t77
The Second Division consisted of the regular members and in
addition Referee James C. McBreaxty when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the controlling
agreement, particularly Rule 120,,when Carmen J. L. Wilcox, H. J.
Pearl and A. J. Lewis, North Little Rock, Arkansas, were arbitrarily
released before completing call fox wrecking service May
6,
1975.
2. That accordingly, the Missouri Pacific Railroad Company be ordered
to compensate Carmen A. J. Lewis and H. J. Peal in the amount of
fifteen hours (15t) each at the punitive .rate and compensate
Caiman J. L. Wilcox in the amount of twenty-one hours (21') at
punitive rate, May
6,
1975.
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 employer involved in this
dispute axe 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.
Claimants were called fox wrecking service due to a regularly assigned
wrecking crew member being unavailable. The wrecking outfit and crew came
back to home point enroute to another derailment, at which time Claimants
were released, and the regularly assigned wrecking crew members were called
to accompany the outfit. Claimants allege they should have been permitted
to continue with the outfit.
Rule 120 reads:
"When wrecking crews are called for wrecks or derailments
outside of yard limits, a sufficient wunber of the regularly
assigned crew will accompany the outfit. For wrecks or
derailments within yard limits, a sufficient rnambex of taxmen
Form 1
Page 2
Award No. 7+21
Docket No. 73.7
2-MP-CM-`77
"and helpers on duty will be used to perform the work. If
a sufficient numb er of carmen and helpers are not on duty,
a sufficient number of the wrecking crew will be called, if
available." (Emphasis added)
Under Rule 120, regularly assigned wrecking crew members, have
contractual rights to wrecking service when the outfit is called, if they
are available, to the exclusion of other Carmen.
Claimants were properly paid for service performed, and have failed to
show where the Agreement vas violated. Therefore, we must deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
os arie Brasch - Administrative Assistant
Dated at hicago, Illinois, this 9th day of December,
1977.