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



DISPUTE: CLAIM OF EMPLOYES:





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.



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.








ATTEST: _
        Nancy J er - Executive Secretary


Dated at Chicago, Illinois, this 14th day of December, 1983