Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 9423
SECOND DIVISION Docket No.
9123
2-BN-CM-183
The Second Division consisted of the regular members and in
addition Referee James F. Scesrce when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Burlington Northern Railroad Company
Dispute: Claim of Employee:
1. That the Burlington Northern, Inc. violated the terms of the controlling
Agreement, specifically Rule
7s
when they declined to pay the punitive
rate for wrecking service at Cassville, Wisconsin on March 25,
1980.
2. That accordingly, the Burlington Northern, Inc. be ordered to additionally
compensate Carmen D. A. Shawley and W. K. Knight in the amount of 207
hours each at the pro-rata rate, which represents the difference between
the punitive rate that they should have been compensated at and the
straight time rate that the Carrier allowed on March 25,
1980.
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 employer involved in 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.
This claim arises over work performed by Claimants in conjunction with repairs
to a broken train line, such work coming on a car several days after a rerailme;nt
of a wreck had occurred, including the car in question.
The
Organization attempts
to apply Rule
7
- Emergency Roadwork (c) which governs the rate of pay for wrec:kiig
service employes
while
performing work attendant to derailment/rerailment
activities.
We find no basis to conclude the work of the Claimants in this case was
covered by such Rule; essentially we adopt the Carrier's rationale that the
Claimants were engaged in normal duties of the craft. The fact that the broken
line may have resulted from the derailment does not make it work of a wrecking
crew her- se. The record is clear enough that, in this case, this specific item
of work was not compensable under this Rule.
A W A R D
Claim denied.
Form 1
Page 2
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
~sesuarie Brasch - Administrative Assistant
~D'ated ~at Chicago, Illinois, this 16th day of March, 1983.
Award No. 9423
Docket No.
9423
2-BN-CM-183
NATIONAL RAIZR.oAD ADJUSTNErrr BOARD
By Order of Second Division