Forin 1 NATIONAL RAILROAD ADJUSTMENT
BOARD Award No.
8064
SECOND DIVISION Docket No,
8050
2-NP-CM-'79
The Second Division consisted of the regular members and in
addition Referee Rodney E, Dennis 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 Article VII of
the Agreement of December
5, 1975
when they used outside contractor's
equipment and forces at derailment June
7, 1977
and did not call
regular assigned members of the North Little Rock, Arkansas
wrecking cr ei~r who were available and accessible to respond to call.
2. That the Missouri Pacific Railroad Company be ordered to
compensate regular wrecking crew members, Carmen P. A, Piechoski,
B. G. Pruitt, and J. D. Waddle in the amount of thirty
(30)
hours each at the putzative 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 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 are regularly assigned members of Carrier's wrecking crew at
North Little Rock, Ark. A derailment occurred at Walnut Ridge, Ark., at
7:x+5
p.m.., on June
6, 1977.
p.n outside Company (Hulcher) was called in to
perform the work, arriving at 2:15 a.m. on June
7, 1977
and completing the
clearance of the West Track at:
6:00
'p.m. on the same day. Also called out
were some Carmen located at Poplar Bluff, Ark, who were not assigned
wrecking crew members. Claimants were not called for this work assignment.
Carrier alleges that Claimants were not available for wrecking service
on June
7, 1977,
because they had refused or missed a call on June
4, 1977,
for a derailment at Cotter, Ark. The wrecking outfit was still. engaged
in wrecking~sexwice at Cotter on June 7th.
v
Foam 1 Award No.
$064
Page
2
Docket No.
8050
2-MP-CM-'79
Carrier alleges that inasmuch as it called other Carmen to replace
Claimants at Cotter, it had no further obligation to them so long as the
work at Cotter continued. We do not agree. Carrier acknowledges in its
letter of December
15, 1977,
from Mr. 0. B, Sayers, Director of Labor
Relations, that "if there were five regularly assigned ground men on the
North Little Rock Wrecking Crew, then Carrier would only be required to
cal-1 these men. If they refused the call, there would be no need to
replace them," Thus, Carrier correctly acknowledges that its obligation
under Article VII of the December
4, 1975,
Agreement is to assign wrecking
crew members, (See also Second Division Award
7926.)
The applicable provision of Article VII, of the December
4, 1975,
Agreement reads:
"The Contractor's ground forces will not be used, however,
unless all available and reasonably accessable (sic)
members of the assigned wrecking crew are called,"
Carrier further alleges that Claimants were not reasonably accessible.
Huleher's equipment and crew were dispatched from Mountain Home, Ark,, some
ninety-eight
(98)
miles from the scene, while Claimants are headquartered
at North Little Rock, which is one hundred twenty-five
(125)
miles from
the scene. The Employees allege that Hulcher is actually headquartered
at Pine Bluff, Ark,, which is one hundred seventy
(l70)
miles from the
wreck scene.
This Board has dealt with the "reasonably accessible" provision of
Article VII in two disputes between the same parties, in Second Division
Awards
7744
and
7837.
It was held that (Award
774+):
"Since the outside contractor's force were called frown a
point only a relatively few miles closer than the headquarters of North Little Rock Wrecking grew, and since
in both instances highway transportation was or could have
been used, the Board, finds that in this instance, the Carrier
cannot defend its position on the wrecking crew not being
'reasonably accessible',"
We find that Claimants were available and reasonably accessible. They
should have been called. The claim is for thirty (30) hours at punitive
rate. Carrier alleges in one instance that only eleven (11) hours were
involved, but Chief Mechanical. Officer Tutko, in his letter of October 11,
19'77,
states that
"The record shows ... HuLcher arrived at
2:15
A.M.
East Track was open at
4: 45
a.m. and West Track about
6:00 P.M., June
7."
The Employees do not dispute the allegation. We will sustain the claim for
that time,
2:15
a.m, to 6:00 p.m.., at the straight time rate.
Form 1
Page
3
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
8064
Docket No,
8050
2-MP-CM-'79
A W A R D
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
BY
,oemarie Brasch - Administrative Assistant
Dated t Chicago, Illinois, tY:.is 29th day of August, 1979.