Form 1 NATIONAL RAILROAD ADJUSTI~TNT BOARD Award No. 7526
SECOND DIVISION Docket No. 7117
2-D&RGW-CM-' 78

The Second Division consisted of the regular members and in addition Referee Nicholas _ri. Zumas when award was rendered.

( System Federation No. 10, Railway Employes'

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

Parties to Dispute: ( (Carmen)

( Denver and Rio Grande Western Railroad Company

Dispute: Claim of Employes:

1. That under the current agreement the Denver and Rio Grande Western Railroad Company improperly assigned other than Carmen (wrecking crew members) to assist in clearing up derailment at Dell, Colorado beginning January 23, 1974.

2. That accordingly, the Denver and Rio Grande Western Railroad Company be required to compensate wrecking crew members ass finned to outfit ;1028, i.e., W. Runge, J. Carson, P. Sch.r.nidt, H. Stephens, W. Pace, R. Johnson, :,,. Lupton and L. Barnes, ninety-eight (98) hours each at the time and one-half (l,?>) rate.

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 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 were members of Wrecking Outfit No. 028 headquartered at

Grand Junction, Colorado. On January 23, 1974 the Claimants were called. for
a derailment at Dell. Colorado involv"_ntwo diesel locomotives and 23 cap°s.
Also called was a wrecking outfit frori Denver, Colorado. After the main
line was cleared Claimants were returned to Grand Junction, and a private
contractor (:-Tulcher Railway Equinment Company) with its own employes assisted
the Denver crew in handling -;vrec`ed care. Ttae Organization alleges that
Hulcher's crew worked 98 1icurs in performing the work. :it appears from the
record that Claimants were returned to Grand Junction "tin order to bE· in
.position to protect territory around tt_at pof-nt for other possible derail
ments", after Caz.r_er det^r!nined that Ciai-:ants and their wrecker equipment
was no longer required at Dell. It further appears from the record that tine
Form 1 Award No. 7526
Page 2 Docket No. 7117

2-D&RGW-CM-' 78

Hulcher employes assisted the Denver crew working with three off-track D-8 bulldozers (with side boom attachments) in rerailing the cars and clearing up the wreck site.

Carrier states that Hulcher employes were utilized after the emergency was over (clearing the main line). Carrier takes the position that it exercised managerial prerogative in deciding that both the Denver and Grand Junction Wrecking units were not required, and in deciding to return the Grand Junction to its Utah Division. Carrier further contends that the practice on this property is to use outside bulldozers with side booms to assist the railroad derrick equipment.

The Organization takes the basic position that once the wrecking crew is called and used it is entitled, under the terms of Rule 41, to perform all of the work incident to the derailment; and outside contractors cannot perform the work.

Rule 41(c) provides in pertinent part:

"When wrecking crews are called for wrecks or derailments outside of yard limits, the regularly assigned crew will accompany the outfit ..."

The above-quoted portion of Rule 41(c) is commonly used throughout the

railroad industry, and numerous awards of this Division have consistently
interpreted slicn 1 anguage to mean: 1) If a wrecker or wrec'." train is called
fox a derailment outside yard limits the regularly assigned crew of Carmen
are entitled to accompany the outfit and perform the work; 2) If a derrick,
crane, or other equipment that is part of a wreck train is used by members
of another craft or independent contractor, a violation of the agreement
normally occurs in the absence or an emergency; 3) When a derailment occurs
outside of yard limits and the services of a wrecker are not required., the
wrecking crew does not have the exclusive right to perform the work; and
4) 0 ther than Ca r men may rerail a locon:oti ve or car when a wrecker is not
needed, and this does not encroach upon the rights of Carmen.

In order for Claimants to prevail in this dispute, it must be shown that the services of a wrecker were required for the work performed by Hulcher employes. There is no such showing in this record, and the claim must be denied.

A W A R D

Claim denied.

I
Form 1 Award No. 7526
Page 3 Docket No. 7117
2-D&RMq-CM-' 78
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary

National Railroad Adjustment Board

r
By .J;'.-~'_ f' ..,. _~c_: ~... ' _~.~'_~ :G ~·--.'~.
---' Ro el«arie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 2nd day of May, 1978.

I