Form 1 NATIONAL RAILROAD ADJUSYMENT BOARD Award No.
8579
SECOND DIVISION Docket No.
8460
2-EJ&E-CM-'
81
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(
( Elgin, Joliet & Eastern Railway Company
Dispute: Claim of Employes:
1. That the Elgin, Joliet & Eastern Railway Company violated Rule 50 of the
current working agreement when they used the wreck truck and crew with
.the Mobile Crane ;225 instead of the Carmen from the regularly assigned
wrecking crew to rerail eight
(8)
freight cars at Chicago Heights,
Illinois.
2. That the Elgin, Joliet and Eastern Railway Company be ordered to
compensate Carmen Paul Lopez, Clarence Cook, Jim Pampuch and Joseph L.
Bick, all members of the regularly assigned wrecking crew, eight
(8)
hours straight time and four (4) hours and twenty
(20)
minutes at the time
and one half rate each for the above rule 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 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.
The claim here is concerned solely with whether or not a violation of Rule 50
occurred when the Carrier utilized the Holfftes Mobile Crane No.
225
and Joliet Wreck
Truck No.
157
to rerail eight cars in Chicago Heights, Illinois, rather than call
the "regularly assigned wrecking crew" consisting of Carmen from the Joliet,
Illinois wreck crew.
The pertinent portion of Rule
50
reads as follows:
"Rule 50 (b). When wrecking crews are called for wrecks or
derailments outside of yard limits, the regularly assigned
crew will, if necessary, accompany outfit. For wrecks or
derailments within yard limits sufficient Carmen will be
called to perform the work."
Form I
Page 2
Award No.
8579
Docket No.
8'+00
2-EJ&E-CM-'81
Since the derailed cars were "outside of yard limits", it is only the first
setence of Rule
50
(b) which would be applicable if the claim were to be sustained.
The Organization rests its case on the definition of "wrecking crews", implying
that the personnel used for the Holmes Mobile Crane is such a "crew" and the
"regularly assigned" crew of Carmen must be called.
The Carrier contends, to the contrary, that Rule
50
(b), first sentence, is
applicable only when the wrecking train derrick outfit is used and concedes that:
"when" such equipment is used, Carmen must be called. The Carrier further contends,
however, that the rule does not apply when a different type of equipment, such as the
Holmes Mobile Crane, is employed.
The Board does not read Rule
50
(b) to give the type of work jurisdiction
sought by the Organization. The rule does not cover other than "-wrecking crews"
which phrase has consistently been interpreted to bind the Carmen in its selection
of personnel when the wrecking outfit, i.e., the wreck train, is used.
Rule 50 (b) does not prohibit the use of the highway-operated Holmes Mobile
Crane nor mandate the use of the Claimants when this crane is put into service.
Unless the Carrier and the Organization themselves agree that the recently acquired
Holmes Mobile Crane is included within Rule 50 (b), the Board obviously may not
make such finding on its own initiative.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Brasch - Administrative Assistant
Dated a(t: Chicago, Illinois, this 14th day of January,
1981.