Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9749
SECOND DIVISION Docket No. 9408
2-L&N-CM-'84
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 and Canada'
Parties to Dispute:
( The Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1.(a) That the Louisville and Nashville Railroad Company, violated the
terms of the Agreement when the Louisville, Kentucky Wrecking Crew
Members I. L. Schanie, H. R. Byrley, J. E. Thomas and J.
H.
Woehler
were relieved of their wrecking assignment by being "taxi cabed" from
the Wrecking Outfit at Mt. Vernon, Kentucky to Louisville Terminal,
and the remainder of the Wrecking Crew, Carmen V. Stanley and G. D.
Schwartz accompanied the Wrecking Outfit, to Louisville arriving and
was relieved at 7:00 PM, February 6, 1980, and
(b) Accordingly, the Carrier be ordered to additionally compensate the
Wrecking Crew Members J. H. Woehler, I. L. Schanie,
H.
R. Byrley and
J. E. 7~homas the same compensation received by Wrecking Crew Members
V. Stanley and G. D. Schwartz or four (4) hours each at the time and
one-half rate of pay.
2.(a) Also, that the Louisville and Nashville Railroad Company violated the
terms of the Agreement when Louisville, Kentucky Wrecking Crew
Members D. K. Garner and M. W. Faulkner were relieved of their
wrecking assignment by being "taxi cabed" from Mile Post 101 near
Decoursey, Kentucky, to home station Louisville, Kentucky, where they
were relieved at 7:00 PM, February 9, 1980, and the remainder of the
Louisville Wrecking Crew Members Carmen V. Stanley, G. D. Schwartz
and J. R. Thomas accompanied the Wrecking Outfit arriving at home
station Louisville, Kentucky at 6:00 AM, February 10, 1980, and
(b) Accordingly, the Louisville and Nashville Railroad Company should be
ordered to compensate Wrecking Crew Members R. J. Jacobi and D. K.
Garner eleven (11) hours each at the time and one-half rate of pay,
and four (4) hours at the time and one-half rate of pay in favor
Wrecking Crew Member M. W. Faulkner.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence finds that:
Form 1 Award No. 9749
Page 2 Docket No. 9408
2-L&N-CM-'84
The carrier or carriers and the employe or employes involved is 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 were given due notice of hearing thereon.
On February 5, 1980 the Carrier's six-man wrecking crew headquartered at
Louisville, Kentucky, was dispatched with the wrecking outfit to Mt. Vernon,
Kentucky, to clear a derailment. Work was completed on February 6, 1980 such that
four (4) members of the crew -- the claimants in Issue (1) in this case (Woehler,
Schanie, Byrley and Thomas) -- were directed to return to Louisville by taxicab;
they arrived at their home location and were relieved at 3:00 a.m. on that date.
Two other wrecking crew members were ordered to accompany the wrecking outfit on
its trip back to Louisville; they and the oufit arrived at 7:00 a.m. on February
6, 1980. The Claim herein involves a demand for compensation for the four (4)
hours that Claimants were not with the wrecking outfit on its return, and since
such travel preceded their regular (first) shift hours, the demand is made at
time and one-half.
Issue (2) involved a derailment near Covington, Kentucky, on February 9,
1980. The Louisville wrecking outfit was called et 2:30 a.m. on February 9, 1980
-- a Saturday -- and sent to the site with a six-man wrecking crew, somewhat
different in makeup than in Issue 1. The wrecking outfit with the crew on board
departed Louisville at 4:05 a.m., arriving at the wreck site at 11:15 a.m. The
crew completed work at 2:00 p.m. and three (3) members of the crew -- Jacobi,
Garner and Faulkner, who had been called from the "overtime board," were returned
to Louisville by taxi, arriving there at 7:00 p.m. on February 9, 1980. The regular
crew members (Stanley, Schwartz and Thomas) accompanied the wrecking outfit back
to Louisville; they arrived at 6:00 a.m. on February 10, 1980. Claims for the
eleven (11) hours difference between the arrival of the Claimants at 7:00 p.m. on
February 9, 1980 and the wrecking outfit at 6:00 a.m. on February 10, 1980 were
filed by two (2) of the Claimants (Jacobi and Garner) found in Issue (2) herein;
Claimant Faulkner lodged a claim for four (4) hours. Both such sets of claims
were at time and one-half on the grounds that the travel occurred outside the
Claimant's regular tours of duty.
It is undisputed that Rule 108 is applicable to these claims:
Rule 108 Wrecking Service - Use of Regular Crew
(In Pertinent Part)
"For wrecks or derailments outside of yard limits,
the regular assigned crew will accompany the
wrecking outfit."
"
Form 1 Award No. 9749
Page 3 Docket No. 9408
2-L&N-CM-'84
What is at dispute here is the intent of Rule 108. The Organization contends it
establishes a requirement that the wrecking crew remain with the equipment; the
Carrier concedes that Rule 108 anticipates the crew will be with the outfit on
the way to a derailment, presumably to ensure that both equipment and personnel
be on-sit_e at the same time. The Carrier disputes any application of such Rule
that requires employes to return with the wrecking outfit. The Carrier contends
such time is non-productive and inappropriate for a demand of compensation; it
cites prior interpretations and Awards to buttress its position that such return
trips are unnecessary and asserts that had the parties intended such application,
the Rule would have been so constructed.
This is a well-traveled dispute. Rules controlling this aspect of the
relationship between certain other carriers and this organization vary somewhat
and are given to varying interpretations much the same as this specific language
has. We find nothing ambiguous about Rule 108: it states that the regular
assigned crew will accompany the wrecking outfit to wrecks outside yard limits.
Certain Boards have construed Rule 108 to be limited to the outbound trip;
essentially, they have found the term "accompany" to be applicable in only one
direction. We find no such language, either explicit or implicit. The Rule calls
for the wrecking crew to accompany the wrecking outfit, which must go to a wreck
site and presumably return. In essence, we find the word "accompany" unencumbered
by direction; thus, we conclude that such Rule must be taken to mean what it
says, i.e., the regular assigned crew will be with the wrecking outfit.
In Issue (2) before this Board, several employes who attended to the derailment
and are Claimants herein were off the Overtime Board. In the same vein of reasoning
that Rule 108 should be applied literally, we conclude that such Rule does not
cover non-regularly-assigned employes. Arguments raised in Docket 9053 (Award
9708) address questions that may arise as to what might occur if the wrecking
outfit is not returned directly to its home base. We would concur that the socalled "rule of reason" might come into play under those conditions. No such
circumstance appears to have existed here and we can but conclude that Rule 108
must be interpreted strictly as written. In so concluding, we find that the
Agreement was violated.
A W A R D
Claims are granted only where regular assigned members of the crew are concerned.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST
Nanofoof Dever - Executive Secretary
Dated at Chicago, Illinois this 4th day of January 1984.