Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9752
SECOND DIVISION Docket No. 9412
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. That the Louisville and Nashville Railroad Company, violated the terms
of the Agreement when Radnor (Nashville, Tennessee) Wrecking Crew Members
J. W. Daugherty, W. H. Bishop, C. L. Fielder, Jr., and R. S. Lee were
relieved of their wrecking assignment by being "taxi cabed" from the
Wrecking Outfit at Watertown, Tennessee, to home station at Nashville,
Tennessee, while the remainder of the Crew D. M. Mingle and S. J. Reffegee
accompanied the Wrecking Outfit which arrived at Nashville at 2:00 AM,
November 28, 1979.
. 2.Accordingly, the Louisville and Nashville Railroad Company should be
ordered to compensate Wrecking Crew Members Carmen J. W. Daugherty, W.
H. Bishop, C. L. Fielder, Jr., and R. E. Lee the same as they would have
been compensated had they accompanied the Wrecking Outfit from Watertown,
to Nashville, Tennessee, or five (5) hours each at the time and one-half
rate.
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.
A derailment at Holmes Gap, Tennessee, prompted the calling of the wrecking
outfit and crew stationed at Nashville, Tennessee to clear the wreckage. The
wrecking outfit/crew departed Nashville at 2:20 a. m. on November 27, 1979 and
arrived at Holmes Gap at 7:45 a.m. By 5:00 p.m. on that date work was complete
at which time the wrecking outfit/crew departed for Watertown, Tennessee. It
arrived at Watertown at 7:30 p.m. at which time the Claimants -- Fielder, Bishop,
Lee, Daugherty and Malone -- were directed to take a taxi to Nashville; they
arrived at 9:00 p.m. Crew member Mingle (and, per the Organization, Reffegee)
accompanied the wrecking outfit back to its home base, arriving and being relieved
from duty at 2:00 a.m. Claims were initiated for Fielder, Bishop, Lee and Daugherty
for the five hours difference between their arrival and the return of the wreck~:ng
outfit and other crew member(s). (Carman Malone was overlooked in the filing of
the Claim.)
Form 1 Award No. 9752
Page 2 Docket No. 9412
2-L&N-CM-'84
The fact situation in this Award is not at variance in any particularity
with Award 9749, Award 9750, and Award 9751 between these same parties. We find
the same conclusion applicable here; Rule 108 which stakes in pertinent part
that -- "for wrecks or derailments outside of yard limits, the regular assigned
crew will accompany the wrecking outfit" -- is properly applied as in such cages.
We find no qualifying provisions that requires application of this provision for
travel in one direction and not the other. We do find such literal interpretation
applicable only to the regularly assigned crew and not to other carmen called off
overtime board, etc.
A W A R D
Claims are granted as set out in the Opinion. See also Awards 9749, 975()
and 9751.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST:
Nancy J. a -Executive Secretary
Dated at Chicago, I1linos.this 4th day of January 1984.