Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9741
SECOND DIVISION Docket No. 9518-5."
2-B&O-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
( Baltimore and Ohio Railroad Company
DISPUTE: CLAIM
OF
EMPLOYEE:
No.1 That the Carrier violated the controlling Agreement by allowing the
Hulcher Emergency Service, the Chesapeake & Ohio employes and/or
Baltimore & Ohio carmen, to perform a wrecking service on July 10 and
11, 1980, at Mansfield,
Ohio,
in the place of the regular assigned
crew located some eighteen (18) miles from the derailment site at
Willard, Ohio, in violation of Rules 141, 142 and 142 1/2 of the Shod?
Crafts Agreement.
No.2 That the Carrier be ordered to compensate monetary loss on July 10,
1980 to Carman Claimants R. J. Long, D. P. Rose, G. K. Colich, P. W.
Long, A. J. Long, E. W. Bannworth,
F. W.
Long, and C. C. Capelle for
six (6) hours' pay each at time and one-half rate and R. J. Mah1 and
L. E. Masterson for ten (10) hours' pay each at time and one-half
rate; on July 11, 1980, R. J. Long, D. P. Rose, G. K. Colich, A. J.
Long, E. W. Bannworth, P. W. Long, F. W. Long and C. C. Capelle for
two (2) hours' pay each at time and one half and R. J. Mah1 and L. E.
Masterson for six (6) hours' pay each at time and one-half rate.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and a1.7
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.
The Carrier properly called the regular assigned wrecking crew to perform
wrecking service near Mansfield, Ohio on July 3, 1980. The crew cleared the
right of way. A week later, the Carrier decided to replace the trucks on two
cars, clean up some debris and recover any lading which could be salvaged at
the derailment site. To accomplish these projects, the Carrier utilized an
outside contractor and two shop cranes on July 10 and 11, 1980. The cranes
were operated by two carmen from Newark, Ohio and two Chesapeake and Ohio carmen
from Columbus, Ohio. In essence, the four carmen retrucked the derailed cars
which had been left adjacent to the tracks on July 3, 1980.
Form 1 Award No. 9741
Page 2 Docket No. 9518-T
2-B&O-CM-'83
Claimants were members of the regularly assigned wrecking crew stationed
at Willard,
Ohio.
They claim that the Carrier should have called them to assist
the outside contractor on July 10 and 11, 1980 pursuant to Rules 141, 142 and
142 1/2 of the applicable Agreement. According to the Organization, the work
performed at Mansfield on the two days was the continuation of the wrecking
operations which began on July 3, 1980. Replacing trucks and salvaging lading
was wrecking work which had not been completed on July 3, 1980. The Organization
also charges the Carrier with assigning work, exclusively reserved to Baltimore
and Ohio carmen, to workers from another Carrier.
The Carrier contends that the work performed on July 10 arid 11, 1980 was a
salvage operation which was outside the scope of work exclusively reserved to
the regularly assigned wrecking crew. The Carrier further argues that it complied
with all rules by calling the two carmen from Newark to replace the trucks on
the derailed cars. The outside contractor was used solely to recover freight
which could be salvaged from the wreck.
The record discloses that the outside contractor and the carmen called by
the Carrier did not perform any wrecking service on July 10 and 11, 1980. On
the contrary, all wrecking service had been completed by the regularly assigned
wrecking crew on July 3, 1980. Minor clean up operations, the removal of salvage
and other incidental work such as retrucking cars previously moved from the
right of way do not constitute wrecking service. Second Division Awards No.
4131 (Anrod) and No. 7084 (Twomey). Thus Claimants had no particular right to
perform the work on July 10 and 11, 1980 merely because they were members of
the regularly assigned wrecking crew.
However, the Carrier improperly allowed two carmen from a foreign carrier
to perform work exclusively reserved to carmen employed by the primary Carrier.
Instead of calling two Chesapeake and
Ohio
carmen, the Carrier should have
assigned the work to two Baltimore and Ohio carmen. Threfore, two of the Claimants
are entitled to sixteen hours of pay at the straight time rate. Claimant Bannworth
was on vacation when the work was performed and, thus, he was unavailable for
the assignment. We will remand this claim to the property for the parties to
mutually determine which two of the remaining nine Claimants shall be compensated
in accord with our decision.
A W A R D
Claim sustained, but only 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