Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 973 7
SECOND DIVISION Docket No. 9495
2-MP-CM-'83
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( Brotherhood Railway Carmen of the United States
PARTIES TO DISPUTE: ( and Canada
( Missouri Pacific Railroad Company
DISPUTE: CLAIM OF EMPLOYES:
1. That the Missouri Pacific Railroad Company violated Article VII of
the Agreement of January 12, 1976, on June 23, 1980 at Bald Knob,
Arkansas when they used outside equipment and employes with two
Carmen from Newport, Arkansas at a derailment.
2. That the Missouri Pacific Railroad Company be ordered to compensate
wrecker crew members, Carmen M. H. McGary, P. A. Piechocki, B. G.
Pruitt, J. D. Cantrell, H. Phillips and H. E. Ison in the amount of
four (4) hours each at the pro rata rate for this violation.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and a1.1
the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute
are respectively carrier and employes 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.
At 7:00 a.m. on June 23, 1980, the Carrier called an outside contractor
and two carmen from Newport, Arkansas to perform wrecking service at Bald Knob,
Arkansas. The outside forces operated equipment and the two carmen, who were
part of an emergency road service crew, performed ground work. The two carmen
finished their work and tied up at Newport at approximately 4:00 p.m.
The six Claimants are members of the regular assigned wrecking crew
stationed at North Little Rock, Arkansas. On June 23, 1980, they performed
their usual carmen duties during their regularly assigned day shift. At 3:45
p.m., the crew (less Claimant Cantrell who d=d not respond to the call) was
called to perform wrecking service at Dumas, Arkansas. The five Claimants, in
addition to receiving eight hours of straight time wages, earned 15.3 hours of
overtime pay for rerailing the Dumas wreck. Contending that they should have
been called to perform wrecking service at Bald Knob, each Claimant seeks four
hours of pay at the pro rata rate.
Form 1 Award No. 9737
Page 2 Docket No. 9495
2-MP-CM-'83
The Organization asserts that the Carrier used outside forces and other
employes not assigned to wrecking service to perform work exclusively reserved
to Claimants. According to the Organization, the Carrier is obligated to call
a sufficient member of carmen, who are members of the assigned wrecking crew,
to perform ground work at the derailment site whenever the Carrier calls an
outside contractor. The organization relies on Article VII, Section 1 of the
January 12, 1976 Agreement. The Carrier contends that the entire wrecking crew
need not be called unless the outside contractor's ground forces were utilized.
The Carrier also submits that it was proper to call the nearest emergency road
service crew to assist the outside contractor since Claimants were on duty and
being paid at the time the rerailing work was accomplished.
The pertinent portion of Article V11, Section 1 of the January 12, 1976
Agreement states that when the Carrier calls an outside contractor to perform
wrecking service,
"...
a sufficient number of the Carrier's assigned wrecking
crew, if reasonably accessible to the wreck, will be called
...
to work with
the contractor." The two carmen who were called to Bald Knob were not assigned
to wrecking service. There is no rule or practice which permits the Carrier to
assign employes other than the wrecking crew members to perform wrecking service.
In this case, the Carrier was required to call a sufficient number of carmen
who were duly assigned to wrecking service when it called the outside contractor.
The record reveals that the wrecking crew at North Little Rock was reasonably
accessible to the derailment. They were also available since the Carrier would
have assigned the wrecking crew to wrecking service in lieu of their normal
duties. -
From the evidence in the record, two members of the assigned wrecking crew
constituted a sufficient number within the meaning of Article VII. Thus, two
of the Claimants are entitled to four hours of pay at the straight time rate.
We remand this case back to the property for the parties to determine which two
Claimants should be paid.
A W A R D
Claim sustained to the extent consistent with our Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: _
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 14th day of December, 1983