Form 1 NATmNAZ RAILROAD ADJUSTMENT BOARD Award No. 9352
SECOND DIVISION Docket No. 8882
2-SISF-CM-'83
The Second Division consisted of the regular members and in
addition Referee Canton R. Sickles when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada

( St. Louis-San Francisco Railway Company

Dispute: Claim of Employee:

I. That the St. Louis-San Francisco Railway Company violated the provisions of the controlling Agreement when it improperly assigned a junior Carman to accompany Carrier wrecking crew to a derailment at Boswell, Oklahoma, is place of senior Cayman Z. D. G;ately.

2. That accordingly the St. Louis-San Francisco Railway Company be ordered to compensate Carman Z. D. Lately twenty eight (28) hours at time and one half Carman/Inspector's rate of pay as follows.

Monday - ray 21, 1979 - 8 a.m. to 11:59 P.m. Tuesday - May 22, 1979 - 12 amp to 10:00 a.m. Wednesday - May 23, 1979 - 6:30 a.m. to 8:30 a.m.

Findings:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier cc carriers and the employe or employes involved is this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 193+.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Claimant refutes the allegation that the Carrier attempted to contact the Claimant before calling the next member of a wrecking list. Claimant seeks compensation for the time lost.

There is no question that an emergency existed and that the emergency unit should be dispatched as soon as possible.

The carrier alleges that an attest was made to contact the Claimant by phone and by radio on the property shortly after his normal quitting time and was informed by another carman that the Claimant had left the property by automobile. Nine months later, this carmen modified his story.

~c.,.

Form 1 Award No. 9352
Page 2 Docket No. 8882
2-sisF-CM-' 83

Carrier's position is that it believed that Claimant was unavailable and then contacted the next carman on the list. The Claimant alleges he was still ion the property when the emergency unit was dispatched.

There is confusion as to the specific times of various events as alleged by the parties, each to support its argument.

This Board is unable to resolve the conflicting testimony and following a long line of previous Awards will dismiss the claim.

AWARD

Claim dismissed.

NATIONAL RAIIRDAD ADrTUSTMENT BOARD

By Order of Second Division

Attest: Acting Executive Secretary
National Railroad Adjustment Board

F-0-40 , -

By r-"=IaNh - Administrative Assistant

Dnatad at ic w. n
natad at Chicago, Illinois, this 26th day of January, 1983