Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7543
SECOND DIVISION Docket No.
7326
2-CRI&P-CM-'78
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( System Federation No.
6,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Careen)
(
( Chicago, Rock Island and Pacific Railroad Company
Dispute: Claim of Employes:
1. That under the terms of the applicable Agreement the Carrier failed
to call the required Carmen to relieve an outside contractor's
employes being used as groundmen at an eighteen car and one engine
derailment at Summerfield, Missouri on November
28, 1975.
2.
That accordingly the Carrier be ordered to pay Carmen R. K.
Haynes, 0. L. Fain, R. E. Kisro, E. E. Thomas and A.L. Crain
forty-two (42) hours' pay each at the time and one-half rate.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier ox carriers and the employe ox employes involved in this
dispute axe 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
inv-)lved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This claim alleges violation of an Agreement between the parties
dated May
27, 1971.
That Agreement reads, in pertinent part, as follows:
"l. The Organization recognizes that the carrier has the
unrestricted prerogative to lease, rent or otherwise secure
equipment or machinery to assist in the work involved
resulting from derailments. This includes the use of the
operators of such equipment along with others who axe
required for the operation and use of such equipment
ox
machinery.
2.
In addition to Item 1, above, it is .recognized that
when, as result of a derailment, train operations have
been restricted it is entirely proper to use other
than
Form 1
Page 2
Award No.
7543
Docket No.
7326
2-C RI&P-CM-'
78
"employees represented by the Carmen's Organization to
serve as 'groundmen' in the performance of work which
is normally performed by carmen but only until such time
as they can be relieved by carmen who will be called
simultaneously with the 'groundmen' to be relieved.
NOTE: Carmen sent to the derailment will relieve such
other 'groundmen' within thirty minutes following
their actual time of arrival at the scene of
derailment."
One of Carrier's freight trains was involved in an accident in which
eighteen
(18)
freight cars and a locomotive became derailed. Carrier called
the Isringhausen Rerailing Service with its employes to perform the work.
At the same time, two (2) carmen were called but no Isringhausen employes
were released when the Carmen began work.
The Agreement between the Parties dated May 27, 1971, is designed
for such emergencies and provides that Carmen will be called simultaneously
with any non-carmen who may be called and will relieve such other "groundmen"
(non-carmen) within thirty (30) minutes following their arrival at the scene
of the derailment. Claimants had a contractual right to the -Aurk involved
and should have been called. That Claimants were working on the Rip Track
is not a defense recognizeable under the May 27, 1971 Agreements. The
claim must be sustained.
A W A R D
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILRO_U ADJUSTMENT BOARD
By Order of Second Division
By _
IR~ emar:
Date[/d at Chicago, Illinois, this 30th day of May,
1978.