Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9127
SECOND DIVISION Docket No. 8897
2-B&O-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:
( The Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
1. That Carrier violated the controlling Agreement when on the dates of
February 20, and 21, 1979, they allowed an outside contractor, Penn
Erection Company and forces to perform rerailing and/or wrecking work, as
well as making temporary repairs to freight cars at Green Junction, Pennsylvania
work that accrued specifically to carmen, members of the .Cumberland assigned
wrecking crew, by virtue of the provisions of the December 4,1975 Agreement,
as well as Rule 138 and Rule 29 of the Shop Crafts' Agreement, thus depriving
claimants of their contractual rights.
2. That the Carrier be ordered to compensate the following claimants for their
losses arising out of this incident; Carmen, L. B. Mathias, A. T. Rice, Jr.,
P. H. Sibley, W. C. Shaffer, G. R. Shafferman, J. E. Price, L. D. Saville,
J. E. Bierman, and A. F. Hinkle, each, for nine hours at the time and one-half
rate and eight hours at the doubletime rate; S. E. Teets for seventeen hours
at the time and one-half rate; H. E. Fraley and W. D. Rawnsley each,
for seventeen hours at the time and one-half rate and two hours at the
doubletime rate; E. F. Ellis for ten hours at the time and one-half rate and
eight hours at the doubletime rate.
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 Casparis, Pennsylvania, on February 19, 1979,
the Carrier called the Connellsville wreck train at 7 P.M.; the Cumberland wreck
train at 8 P.M.; and also an outside contractor, the Penn Erection Company. At
11:50 P.M., the Carrier decided that the Cumberland wreck train would not be needed,
and the Cumberland wreck crew was directed to return to its assigned base prior to
having reached the derailment at Casparis.
Form 1
Page 2
Award No. 9127
Docket No. 8897
2-B&O-CM-'82
The Organization claims that the Cumberland wreck crew should have been permitted
to continue to the derailment to work with the outside contractor.
Article VII of the December 4, 1975 Agreement states in part:
"1. When pursuant to rules or practices a carrier utilizes the equipment
of a contractor (with or without forces) for the performance of wrecking
service, a sufficient number of the carrier's assigned wrecking crew, if
reasonably accessible to the wreck, will be called (with or without the,
carrier's wrecking equipment and its operators) to work with the contractor.
The contractor's ground forces will not be used, however, unless all available and reasonable accessible members of the assigned wrecking crew are
called. The number of employees assigned to the carrier's wrecking crew
for purposes of this rule will be the number assigned as of the date of
this Agreement."
In its principal defense, the Organization argues that the Connellsville wreck
crew worked on one end of the derailment, while the outside contractor's forces worked
on the other end. Thus, according to the Organization, the Connellsville crew did
not meet the requirement of working "with" the contractor.
The Board does not take this limited view of Article VII. The calling of the
Connellsville crew to work on the same derailment readily satisfies the requirement
of utilizing "the carrier's assigned wrecking crew".
Awards Nos. 8106, 8107 and 8800 reach identical conclusions and are supportive
of the Board's findings here.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL. RAILROAD ADJUSTMENT BOARD
By Order of Second Division
.,/ __ _ ~-2 cx .S~-~c`- ~,
BY
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16 day of June, 1982.