Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9347
SECOND DIVISION Docket No. 883+
2-C&Nw-CM-'83
The-Second Division consisted of the regular members and in
addition Referee Carlton R. Sickles when award was rendered.
( Brotherhood Railway Cayman of the United States
Parties to Dispute: and Canada
Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. Carrier violated the current agreement when it failed to properly
call and compensate Cayman B. Lambrecht on February
9, 1979,
when
Carrier assigned Cayman R. Tasto to assist in retailing snow plow
CNWX 200639
at Breda, Iowa.
2.
That the Chicago and North Western Transportation Company be ordered
to compensate Cayman B. Ismbrecht for ten and one-half (I0h) hours at
time and one half rate of pay.
Findings:
7he 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 Claimant alleges that he should have been called to service in the
retailing of a snow plan is his capacity as a relief 400 truck driver, since the:
regularly-assigned 400 truck driver was absent. (The incident occurred on
Claimant's rest day.)
The Carrier, instead, used another Cayman not so designated. The task took
ten and one-half hours, and the Claimant seeks ten and one-half hours' pay at
time and one-half.
There is no disagreement as to whether the Cayman used as a truck driver
was a qualified truck driver, but it is apparent that only the Claimant held job
assignment
073
Relief Truck Driver.
The Claimant relies upon Sections
3
through
6,
Rules
126
and
127
as revised
by memorandum of March 1,
1976
and interpreted by Carrier's letter of February
18, 1976.
Form 1
Pa ge
3
A W A R D
Claim dismissed.
Attest: Acting Executive Secretary
National Railroad Adjustment Bog d
Award No. 9347
Docket No.
883+
2-C&Nw-CM-
183
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
By ~ v
marie Brasch - Admin strative Assistant
Dated at Chicago, Illinois, this 26th day of January, 1983.
Form 1 Award No. 9347
Page 2 Docket No.
883+
2-C&Nw-CM-' 83
Sections
3
through
6,
Rules
126
and
127,
apply to the use of carmen in
wrecking service as part of wrecking crews.
Claimant also cites Rule 10 which is applicable to emergency road work.
In essence, Claimant alleges that the duties performed were emergency road
work away from the home station in the nature of wrecking service.
The Carrier refutes the contention of the Claimant alleging that there was
no emergency involved making Rule 10 applicable, but rather the applicable rule
is
137
which covers the normal repair and inspection of cars away from the shop.
It is Carrier's position that the work performed did not involve an emergency
and further was not wrecking crew service.
On the day involved, the Carrier seat carmen to Carroll to repair NAIL
50520
and when that work was completed, the crew went to Breda to retail CNWX
200639,
a snow plow.
The Carrier alleges that if the retailing were an emergency, then the first
task would have been delayed until its completion of the retailing function.
Carrier would apparently support the claim if emergency road service or
wrecking service were involved.
Carrier admits that the truck involved is classified as a "wrecking truck",
but alleges that this fact alone does not mean that wrecking service was involved.
Award
4682
(Second Division) has been cited -to support the contention that
a derailment does not necessarily require the services of a wrecking crew. In
that matter, the use of a wrecker was not necessary to the rerailment.
Award
6177
(Second Division) held that a wrecking crew need not be assigned
to a derailment when no wrecking outfit is needed.
This Board accepts the principle that wrecking service would have to be
involved if the Claimant is to succeed.
Neither party to the grievance has described in detail the nature of the
repair service at the first stop and the details involved in the retailing of the
snow plow. The 'nature of the service depends upon the specific functions performed.
From the record, we cannot determine if a wrecking crew was dispatched,
what the nature of the retailing was, what other circumstances, if any, would
establish the existence of an emergency.
The Board finds that both parties to the grievance were not clear or complete
in their description of the events or the arguments for their positions.
Under these circumstances since the burden is on the Claimant to establish
the facts necessary to support his contentions, the Board will dismiss the claim.