Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. x'230
SECOND DIVISION Docket No.
8073
2-MP-CM-180
The Second Division consisted of the regular members and in
addition Referee George E. Larney 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 Compaay had a derailment at Lesperance
Street Yard, St. Louis, Missouri, July 10,
1977,
and that they violated
Rule 120 of the controlling Agreement, July 1.1,
1977,
when they moveU
the Dupo, Tllinois w:Ee'_:er from 7-upo, 711inois to St. Louis, 11,issour:_ and
did not permit the assigned wrecking crew to accompany the outfit as
required by Rule 120.
2. That the Missouri Paaccific Railroad
Company
be ordered to compensate
wrecking crew members R. T,l.tellar, J. Pankey, W. Dickermann, G. Hair:,
and I. D. Cleveland i n the amount of two (2) hours and forty (40)
minutes at the pu_native rate account said violation.
FindinGs:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the en nloye 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, R. 1.1aellar, J. Fankey, W. Dickermann, G. Ham, and I. D. Cleveland,
all Cai-alen and all assigned as wrecking crew riembers at Dupo, II_Li nois, al1a ge
deprivation of their job in protecting the wrecker outfit, when, on the morning of
July 11, 1977,
Carrier dispatched the wrecker crane to Lesperance Street Yards,
in St. Louis, Missouri one hour .prior to dispatching the Claimants to the same
location via a truck.
The instant claim arises as a result of a derailment of two freight cars in
the Lesperance Street Yards oil the evening of July 10,
1977.
As the deraiL:ent
did not block the main line, Carrier waited till the following morning, July 'LL,
1977,
before ordering the Du.ro wrecking crane and crew to St. Louis, T-,issouri.
The wrecker crane departed from Duno, i33inois :prior to 6:00 A.M. while the
Claiv=ants
were directed to --o to the Lesperance Street Yards when they reported in at 7:G0
A.M. for their regularly scheduled tour of duty.
Form 1 - Award No. 8230
Page 2 Docket No.
8073
2-MP-CM-18o
The Organization asserts that the Lesperance Street Yards lies outside the
Dupo, Illinois facility's yard limits and therefore, the Carrier was in, violation
of that part of Rule 120 which provides:
"When wrecking crews are called for wrecks or derailments
outside of yard 11ma ts, a suff'icient number of the
regularly assigned crew will accompany the outfit."
It is the Organization's position that since the derailment occurred outside
the yard limits at Dupo, Illinois, the Claimants should have been called out by
the Carrier at the time the wrecker crane was dispatched so as to allow them to
accompany the outfit as provided for in pule 1200
The Carrier, on the other hand, maintains that, since the Dupo, Illinois
Yard and the Lesperance Street Yards are both part of the greater St. Louis
Terminal Area, the derailment which occurred on July 10,
1977,
w-as within yard
limits. In support of its position, the Carrier cites Second Division Award
7744
which in essence construed the meaning of the language, "within yard limits" as,
not confined to the yard where the wrecker is stationed. The Carrier takes the
position that nothing in Rule 120 requires that wrecking crew members "accompany
the outfit" to wrecks within yard limits. With respect to Carrier's cosition,
Rule 120 in reference'to derailments within yard limits reads in relevant part as,
follows:
"For wrecks or derailments within yard limits, a sufficient
number of carmen and helpers on duty will be used to perform
the work. If a suff'icient number of carmen and helpers are
not on duty, a sufficient number of the wrecking crew will be
called, if avail-able."
We believe it is inctunbent upon both parties to provide adequate and sufficient
evidence to support their respective positions. We note the organization has
submitted several exhibits which allegedly establish that the Dupo Yards and the
Lesperance Street Yards are not within the same s ,~-ritching limits. Hatrever, since
this evidence was not submitted by the Organization during the handling oz the claim
on tile property, we must declare such evidence to be improperly before us for
consideration. But, even if such evidence were properly before us, we note that
switching limits, for tariff ,purposes, are not necessarily the same as yard limits,
for operating purposes, and Rule L0 refers to "yard limits". As to the evidence
submitted by Carrier consisting solely of a map of the greater St. Louis area
showing the various yards within that terminal complex but with no identity of
whether switching limits are common or different for the various yards, we deem
such evidence as lacking probative value in countering the organization's assertion
that the two yards are not within the same yard limit territory.
Upon a thorough examination of the record, we find the evidence presented by
both parties neither adequate nor sufficient to support their respective positions
and therefore T-re are unable to arrive at an a:-,.7a-rd dispositive of the issue before
us. We therefore remand the central issue re ga rdin ; the dete-yTnina,tion of yard
limits back to the parties. In doing so, ;:,e direct the parties to fu11y investigate
this matter by making a joint, on the site check if that is the only way it can
Form 1 Award No. 8230
page
3
Docket No. 8073
2-MP-CM-18o
be
accomplished and to ewcha:g¢ arty and
all evidence regarding the yard limit
logistics, if any, involved in the St. Louis Terminal area. We advise the parties
to take into account the fact that it is not unc=on in larger metropolitan areas
to have several different yards within one yard liimit. Finally, and without
prejudice to either party's position, we award to each of the Claimants compensation
in the amount of one hour at the pro rata rate of pay.
A W A R D
Claim sustained, in part, as set forth above.
NATIOEAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest; Executive Secretary
National Railroad Adjustment Board
A
C _ ~'...~ t--_
By - .~.r
~ '"~^'Yrrre
er~
R
semarie
Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 3-6th day of
January
1980.