Form 1 NATIONAL RAIZRO AD ADJUSTMENT BOARD Award No. 7+63
SECOND DIVISION Docket No. 73+1
2-B&i'lI-CM-' 78

The Second Division consisted of the regular members and in addition Referee Robert A.Franden when award was rendered.

( System Federation No. 18, Railway Employer'

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Carmen)

(

( Boston and Maine Corporation, Debtor

Dispute: Claim of Employes:

(a) That the Boston and Maine Corporation violated the controlling Agreement, namely Rules 7, 112 and 113 on October 4, 1975, between the hours of 10:30 A.M. and 10:00 P.M. while engaged in wrecking service at Buckland, Mass.

(b) That accordingly the Boston and Maine Corp. be ordered to compensate

Carmen: H. A. Beaudoin; H. 0. Defxesne; M. J. Beausoliel;

D. M. Pxovenchex; R. C. Lynde; R. H. Haselton; and A. H. Daignault,

regular assigned members of the East Deerfield Wrecking Crew for

fifteen (15) hours and thirty (30) minutes at the Carmen's double

time rate of pay.

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 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.

Claimants are members of the East Deerfield wrecking crew, which was called to perform work on a serious main line wreck. Claimants performed wrecking service from 9:30 a.m. on October 1, 1975 to 10:30 a.m. October 4, 1975 at which time they~were relieved for a rest. A made up crew was used to continue the work the East Deerfield wrecking crew had been performing. The claimants were returned to work after an eleven hoax and thirty minute rest.

Claimants allege that the carrier violated the agreement by relieving the crew and replacing them with other employees. The applicable ruler are rules 7, 112 and 113, those being the rules that have been cited during the handling of the case.
Form 1 Award No. 7463
Page 2 Docket No. 73+1
2-B&M-CM- t 78
"OVERTIME, EMERGENCY SERVICE ROAD WORK. Rule 7. Employees
regularly assigned to work at shop, enginehouse, repair
track ox inspection point, when called fox emergency road
work away from such shop, enginehouse, repair track ox
inspection point, will be paid from the time called to
leave home station until return for all time worked in
accordance with the practice at home station, and straight
time rates fox all time waiting or traveling.
If during the tune on the road an employee is relieved from
duty and permitted to go to bed for five (5 ) hours or more,
such relief time will not be paid for, provided that in no
case shall he be paid for a total of less than eight (8)
hours each calendar day, when such irregular service prevents
the employee from making his regular daily hours at home
station.
Where meals and lodging are not provided by the company,
actual necessary expenses will b e allowed. Employees will
be called as nearly as possible one hour before leaving
time, and on their return will deliver tools at point
designated. If required to leave home station during
overtime hours, they will be allowed one hoax preparatory

time at straight time rate. _

Wrecking service employees will b e paid under this rule, except that all time working, waiting or traveling on Sundays and holidays will be paid for at the rate of time and one-half, and all time working, waiting ox traveling on week days after the recognized straight time hours at home station will also be paid for at rate of time and one-half."

"WRECKING CREW. Rule 112. Regularly assigned wrecking crews (not including engineers and firemen) will be composed of carmen, and will be paid fox such service under Rule 7.

Meals and lodgings will be provided by the Company while crews are on duty in wrecking service. When needed, men of any class may b e taken as additional members of wrecking crews to perform duties consistent with their classification."

"MAID-UP WRECKING CREWS. Rule 113. When wrecking crews are called fox wrecks or derailments outside of yard limits, the regularly assigned crew will accompany the outfit. For wrecks or derailments within yard limits, sufficient taxmen will be called to perform the work."

Form 1 Award No. 7+03
Page 3 Docket No. 731
2-B&M-Cry- r 78

The facts of this case do not lend merit to the claim. The carrier was well within its rights to relieve the crew fox a rest after 48 hours of service and utilize other carmen to continue their work during their period of rest. The claimants were properly paid under rule 7. We can find nothing in the agreement and nothing has been cited in the record which would substantiate a xectuirement that the carrier compensate the claimants for the time spent at zest. This case is analogous to that which formed the basis of Award 357+ in which we held as follows, "We do not think that Rule 111 fairly can be interpreted to have required the carrier to defer further work on clearing up this emergency wreck while the regularly assigned crew was taking a five hour zest, nor do we think the language of the rule entitled the regular crew to remain under pay during the period of relief, simply because a made up crew was working on the wreck during the interim."

We will 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
~~semarie Brasch - A5.n.inistrative Assistant

Dated flat Chicago, Illinois, this 10th day of February, 1978.
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