Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8395
 SECOM DIVISION Docket No. 8302
 2-S00-CM-'80
 The Second Division consisted of the regular members and in
 addition Referee Higdon C, Roberts., Jr, when award was rendered.

Parties to Dispute: (Carmen)

                  Soo Line Railroad Company


Dispute: Claim of Em~plpyes
    1, The Soo Line R.R. Co. violated Rules 28, 94, 97 and 98 of controlling

        Agreement when on Dec. 15 and Dec. 16, 1977 they secured the services

        of an outside contractor consisting of two mobile cranes, two

        caterpillars tractors, operators and two groundmen to retail cars frown

        a previous derailment at Wheeler, Wis.


        2, That accordingly the Soo Line R.R. Co. be ordered to compensate the Shoreham Shops, Minn. Wrecking Crew members, namely,,


        Carmen William Fish Wrecker Engineer

        John Weingartner Groundman

        Steve Martinson Graundman


        in the amount of 9 1/2 hours at time and one-half rate of pay each on Dec. 15, 197? and 6,1 hours at time and one-half rate of pay each on Dec. 16, 1977.


Findings;
The Second Division of the Adjustment Board, upon the whole record and aL'!. the evidence, finds that

 The carrier or carriers and the employe or employes involved in this die;pate 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.


A review of Rules 28, 94, 97 and 98, as well as numerous prior decisions dealing with the interpretation of said rules in similar circumstances (Awards Nos. 6286, 6602, 6177, 6218, 6286, 632., 6361, and 7979) reveals no specific nor exclusive right to claimants to perform or participate in wrecking service. The carrier has the right to determine the need, according to the circumstances, of outside assistance, In the instant case, carrier determined it was safer and more expeditious to use outside help.
 Form 1 Award No. 8395
 Page 2 Docket No. 8302
 2-S00-CM-'80

 The carrier did call 6 carmen of the wrecking crew. They determined 6 was all that was necessary for the work. The claims of carmen Weingarten and Martinson are based on the premise that the 2 groundmen of the outside contractors performed their work. There is no evidence to substantiate such a claim. The groundmen of the contractor were an integral part of the work team and could not have been replaced by the claimants. Mr. Fish was called twice to work, but refused, saying it was not his normal work. His proper response should have been to accept the call, and if he felt he had been improperly placed, grieved after the fact.

                        A WAR D


    Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Second Division


Attest: Executive Secretary
 National Railroad Adjustment Board

 '~Ir'"
 By
      os rie Brasch - Administrative Assistant


Dated a Chicago, Illinois, this 23rd day of July, 1980,

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