Form 1 NATIONAL RAIIRQAD
ADJUSTMENT BOARD Award No. 9420
SECOND
DIVISION ~ Docket No. 9393
2-soo-cm-'83
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ~ and Canada
( Soo Line Railroad Company
Dispute: Claim of Employes:
1. That under the current agreement, the Soo Line Railroad Company violated
Rules 10,
9'j
and 98 of the Shops Craft Agreement, when Cayman D. Parve;y,
assigned Wrecker cook, was denied compensation of pay,
when not
allowed
to accompany
the
Shoreham wrecker and crew, with the diner, to the
derailment site at Utis, Michigan, when it left Minneapolis, Minnesota
on January 16, 1980.
2. That accordingly, the Soo Line Railroad Company be ordered to compensate
Cayman D. Parvey, a total of 125 hours at time and one-half, Carmen's
rate of pay as shown.
January 16, 1980 --®----_____
5
hours
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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.
The Claimant in this case, a Wrecker Cook, was called to duty with a
dining;
ear to proceed to a derailment at a point distant from his regular assignment.
Enroute to the wreck, the dining car developed flat spots and was bad ordered
short of the wreck site. The Claimant was sent home and relieved from service sit
that point; another dining car/cook on the Stevens Point outfit handled both crews.
Form I
Page
2
Award
Ice.
9420
Docket No.
9393
2=soo-CM-'83
The Claimant demands compensation at the appropriate rate for the time
the wreck crew spent at the site, contending he was improperly relieved from
service. We find no support under the Agreement for such s claim. We do conclude
the Claimant is entitled for all time he was in service up until the dining car
he was accompanying was bad ordered. There is nothing in the Rules that requires
the Carrier to retain the Claimant as an assistant cook on the other diner car as
the Organization argues in this case.
A W A R D
Claimant is entitled to compensation for all services performed until the
dining car was bad ordered at the appropriate rate of pay; no other aspect of
this claim is awarded.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attests Acting Executive Secretary
National Railroad Adjustment Board
By
osemarie Brasch - Administrative Assistant
Dat d at Chicago, Illinois, this 16th day of March, 1983.