Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9116
SECOND DIVISION Docket No. 8331-'T
2-SCL-CM-'82
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:
(
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated terms of the
controlling agreement when on March 14, 1977, they used other than
Carmen to retail S.C.L. Engine 1520 on Track 11, Waycross, Georgia,
Enginehouse.
2. That accordingly the Seaboard Coast Line Railroad Company be ordered
to compensate Carmen R. G. Norwood and L. E. Thrift, three (3) hours each
at overtime rate due to their being available and first out for this work
and not being used.
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 this dispute, the Firemen & Oilers Organization, a possible Third Party at
interest, was notified but declined to intervene.
The rear truck of an engine dropped into the transfer table pit at the Way cross
air brake shop at 10:30 P.M., March 13, 1977. Beginning at approximately 7 A.M. the
following morning, the Carrier assigned Enginehouse forces to use jacks and blocks
to retail the unit. Carmen were later assigned to assist in completing the work.
The Organization claims that the crew should have been initially assigned to
perform the work, based in particular on Rule 103 (c), which reads in full as
follows:
"(c) Within yard limits, when the wrecker is used, the necessary
number of members of the wrecking crew will be called to perform
the work. For wrecks or derailments within yard limits, sufficient:
Form 1
Page 2
Award No. 911,6
Docket No, 8331-T
2-SCL-CM-'82
"carmen will be called to perform the work."
Argument as to whether Carmen have exclusive jurisdiction of all rerailing
work is not the pertinent issue here. As to the specific circumstances -- "within
yard limits"-- Rule 103 (c) is clear and unambiguous, directing the calling of
Carmen for such work. (Other portions of Rule 103 are concerned with such work
outside of yard limits.)
Award No. 8612 (McMurray), concerning the same parties, the same rule, and
virtually the same circumstances, found the Organization's position correct. That
Award in turn referred to Award No. 7607 (Lieberman), also involving the same
parties and the same rule. The Board finds no basis to arrive at a different
conclusion from that in the two cited awards.
A W A R D
Claim sustained.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By _c.s~s~ /G~-d l_.~.r
V
R,bsemarie Brasch - Administrative Assistant
Date(/d at Chicago, Illinois, this 16th day of June, 1982.