Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9428
SECOND DIVISION Docket No,
9+33
2-C&Nw-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: ( sad Canada
Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. Carmen W. E, Natter, A. A. Mills, and A. V. Bartlett were denied ten
hours pay at the overtime rate for time held waiting while on wrecking
assignment at Careyhurst, Wyoming on April I and
2, 1980.
2.
That the Chicago and North Western Transportation Company be ordered to
compensate Carmen W. E. Natter, A. A. Mills and A, V. Bartlett each
ten hours pay at the overtime rate in accordance with the controlling
agreement.
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, 193+.
This Division of the Adjustment Board has jurisdiction aver the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimants were assigned at the Carrier's Chadron, Nebraska facility when, on
April
1, 1980
a derailment occurred at Careyhurst, Wyoming -- soma
165
miles
distance from Chadron. The record is clear that rerailment was to be performed
by a private wrecking service (Berg Corporation) and that the Carrier instructed
Berg to be at the wreck site at 6:00 a.m. on April
2, 1980
ready to commence
work. The Claimants were to assist Berg in the rerailment activities. The
Carrier instructed the Claimants to depart Chadron for Careyhurst after their
regular duty ended at
3:30
P.m. Such travel took about four
(4)
hours and did
not entail operation of any equipment to be used in rerailment of the cars. Upon
their arrival in the Careyhurst area about
8:00
p.m. the Claimants were relieved
from duty, furnished food and lodging and instructed to be at the site at
6 :00 a.m.
The instant dispute arises out of the Carrier's disinclination to honor
requests far compensatio n initiated by the Claimants for the period from
8:00 p.m.
on April 1 to 6:00 a.m. April 2,
1980.
The Organization argues that the dispatching of the Claimants to Careyhurst, Wyoming on April
I, 1980
was for the
convenience of the Carrier, that the Claimants were available and ready to perform
Fozm 1 Award No. 9428
Page 2 Docket No.
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2-C&NW-CM-'83
services on arrival and did not need rest prior to such work. The Organization
contends that such travel could have been immediately prior to commencement of
rerailing rather than put the Claimants to the inconvenience to themselves to
be at the site ten hours prior to the time the Carrier knew it was going to effect:
such work. The Carrier argues it properly relieved the Claimants from duty in
order to ensure them with five hours of rest as required by the Agreement; the
Organization contends such requirement applies to time during an extended
rerailment operation and not prefatory to such operation.
A W A R D
Claimants are entitled to ten (10) hours compensation at the appropriate
rate for the period of time from
8:00
p.m. an April 1,
1980
to 6:00 a.m. April 2,
1980
as a full disposition of this claim.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
__
D
.emarie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 23rd day of March, 1983.