Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
878`.3
SECOND DIVISION Docket No. 8551
2-SPT-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
Parties to Dispute: ( and Canada
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That the Southern Pacific Transportation Company (Texas and Louisiana
Lines) violated Rule 121 of the controlling agreement when Carman B. S.
Martinez was arbitrarily by-passed for wrecking service on July
6, 1977,
Houston, Texas.
2. That accordingly, the Southern Pacific Transportation Company (Texas
and Louisiana Lines) be ordered to compensated Carman Martinez in the,
amount of seven hours
(7')
at the overtime rate for July 5,
1977.
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.
In response to a derailment at Stafford, Texas, the Carrier dispatched its
regularly assigned wrecking crew from Houston, Texas. Since additional help was
required, the Carrier also sent Carman F. T. Ramirez to Stafford from Houston. As
a result, Ramirez worked his regular day shift assignment and seven hours overtime
thereafter.
The Claimant, Carman B. S. Martinez, was a member of the wrecker extra board
maintained by the Carrier and was assigned the same shift as Ramirez, who was not a
member of the wrecker extra board. The Claimant argues that he should have been
called to wrecking service in place of Ramirez and, by the Carrier's failure to do
so, was improperly denied seven hours of overtime work.
The Organization claims that the Carrier violated Rule 121, which reads ass
follows:
Form 1
Page 2
Award No. 8785
Docket No. 8551
2-SPr-CM-'81
"RULE 121
Use of Regular Crew
When wrecking crews are called for wrecks or derailments
outside of yard limits, the regularly assigned crew will
accompany the outfit. For wrecks or derailments within
yard limits, sufficient carmen will be called to perform
the work."
The Organization draws the conclusion from this rule that, when additional
help is needed, the Carrier is required to go to the wrecker extra board, stating
it is for this purpose that the extra board exists. Such conclusion is, however,
without rule foundation. Rule 120 states in pertinent part:
"When needed, men of any class may be taken as additional
members of wrecking crews to perform duties consistent with
their classification."
This rule gives no preference to employes with extra board status. Thus, the
Claimant has no contractual claim under Rule 121 to assignment in preference to
another Carman in these circumstances.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL, RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
By
~R emarie Brasch -Administrative Assistant
Dated at Chicago, Illinois, this 28th day of October, 1981.