, ... .
./
/,
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9751
e
SECOND DIVISION Docket No. 9411
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 Carrier violated the terms of the Agreement when the Decoursey,
Kentucky Wrecking Crew Members M. Thomas (deceased), A. Feldhaus
(deceased), J. H. Tierney, C. C. Jameson and C. D. Rider were relieved
of their wrecking assignment by being "taxi cabed" from the wrecking
outfit at Oakdale, Kentucky to Decoursey, and the remainder of the
Wrecking Crew, Cayman E. Hunley accompanied the Wrecking outfit, to
Decoursey arriving
and was relieved at 4:30 PM, February 2, 1980,
and
(b) Accordingly, the Carrier be ordered to additionally compensate Wrecking
Crew Members M. Thomas, A. Feldhaus, J. H. Tierney and C. C. Jameson
the same compensation received by Wrecking Crew Member E. Hunley or
fourteen hours and fifteen minutes (14'15") each, at the time and
one-half rate of pay, and six hours and fifteen minutes (6'15") at
the time and one-half rate of pay in favor Cayman C. D. Rider.
2 (a) That the Carrier violated the terms of the Agreement when Decoursey,
Kentucky Wrecking Crew Members H. Stidham, R. F. Johnson and R. W.
Barnett were relieved of their wrecking assignment by being "taxi
cabed" from the wrecking outfit at Yellowrock, Kentucky to Decoursey
and the remainder of the Wrecking Crew, Carmen A. Feldhaus and J. H.
Tierney accompanied the Wrecking outfit to Decoursey arriving and
was relieved at 7:00 AM, February 4, 1980, and
(b) Accordingly, the Carrier be ordered to additionally compensate Wrecking
Crew Members H. Stidham, R. F. Johnson and R. W. Barnett, the same
compensation received by Wrecking Crew Members A. Feldhaus and J. H.
Tierney or seven (7) hours each, at the time and one-half rate of
pay.
Form 1 Award No. 9751
Page 2 Docket No. 9411
2-L&N-CM-'84
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 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.
Issue (1): On January 31, 1980 the wrecking outfit and crew headquartered
at Decoursey, Kentucky was called to a derailment at Oakdale,
Tennessee. The
wrecker/crew departed at 10:50 p.m.
on
that date and arrived at Oakdale at 9:00
a.m.
on
February 1, 1980. The derailment was cleared at 10:50 p.m. on that date
and five (5) crew members (Thomas, Feldhaus, Tierney, Jameson and Rider) were
directed to take a taxi back to Decoursey; they did so arriving at 2:15 a.m. on
February 2, 1980 -- a Saturday. Carman Hunley -- the remaining member of the
wrecking crew (who was acting wrecking engineer) -- was instructed to accompany
the wrecking outfit back to Decoursey; he did so and arrived at either 3:30 (per
the Carrier) or 4:30 p.m. (per the Organization) on that Saturday. Claims were
made for Thomas, Feldhaus, Tierney and Jameson for the elapsed time between their
arrival at Decoursey (2:15 a.m.) and that of the wrecking outfit and crew member
(Hunley) at 4:30 p.m. Carman Rider was scheduled to work first shift on February
2, 1980 and thus the claim on his behalf was less - at six hours and 15 minutes.
Issue (2): A wrecking crew of somewhat different composition was dispatched
with the Decoursey~wrecking outfit to a derailment at Yellowrock, Kentucky on
February 3, 1980; it departed Decoursey at 2:30 a.m. and arrived Yellowrock at
9:15 a.m. The wrecking activities were complete by 6:30 p.m. on February 4, 1980
at which time the Claimants herein -- Carmen Stidham, Johnson, Barnett and Hopkins
were instructed to return to Decoursey by taxi; they did so, arriving at 12:00
midnight and were relieved from duty. Carmen Feldhaus and Tierney returned to
Decoursey with the wrecking outfit, arriving at 7:00 a.m. on February 5, 1980.
Claims were initiated on behalf of crew members Stidham, Johnson and Barnett for
the seven hours of time it took the wrecking outfit and crew members Tierney and
Feldhaus to return to Decoursey after their earlier arrival at midnight on February
4, 1980.
Form 1 Award No. 9751
Page 3 Docket No. 9411
2-L&N-CM-'84
We find the fact situation here to be sufficiently similar to Awards 9749
and 9750 between these same parties before this same Board to conclude that the
Award here should follow the same rationale: Rule 108 is properly interpreted to
require compensation for the regularly assigned members of the wrecking teams to
be compensated for the time they were not permitted to accompany the wrecking
outfit on its return to Decoursey.
A W A R D
Claims are affirmed as set out in the Opinion; see Award 9749 and Award 9750
for a fuller development of the rationale applicable to this case.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST:
IBC
,e
Nancy .~ver - Executive Secretary
Dated at Chicago, Illinois this 4th day of January 1984.