Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10115
SECOND DIVISION Docket No. 9654
2-KCS-L&A-CM-'84
The Second Division consisted of the regular members and in
addition Referee David Dolnick when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
( Kansas City Southern Railway Company
( Louisiana and Arkansas Railway Company
Dispute: Claim of Employes:
That the Kansas City Southern Railway Company - Louisiana and Arkansas
Railway Company violated the agreement between the Kansas City Southern
Railway Company - Louisiana & Arkansas Railway Company,.and the Brotherhood.
Railway Carmen of the United States and Canada, effective April 1, 1980, anal
the Railway Labor Act, when it failed to pay Carmen J. J. Picone and M. Wallace
each eight hours pay at the pro rata rate for the date of April 4, 1981,
account outside contractor loading and securing Car ACFX 78144 on flat car
MTTX 650926 in Reserve Yard.
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 waived right of appearance at hearing thereon.
An outside contractor - Kent's Emergency Railroad Service - loaded a derailed
car unto a flat car in Carrier Reserve Yard, Reserve, Louisiana. This happened on
April 4, 1981.
No wreck crews or carmen are employed at the Reserve Yard. Claimants are
employed at the Carrier's facility in New Orleans, Louisiana, which is approximately
twenty (20) or thirty (30) miles from Reserve.
Employes contend that the Carrier violated Rule 75 when it failed to call the
Claimants to load the derailed car on the flat car. The pertinent language in Rule
75 is the following:
"(a) Regularly assigned wrecking crews, including the wrecker
engineer will be composed of carmen, and will be paid for such
service under Rule 9.
(b) When needed, men of any class may be taken as additional members
of wrecking crews to perform duties consistent with their classifications.
Form 1 Award No. 10115
Page 2 Docket No. 9654
2-KCS-L&A-CM-'84
(c) When wrecking crews are called for wrecks or derailments outside
of yard limits, the regularly assigned crew will be used. For wrecks
or derailments within yard limits sufficient carmen will be called to
perform the work.
(e) When pursuant to rules and practices a carrier utilizes the
equipment of a contractor (with or without forces) for performance
of wrecking service, a sufficient number of carrier's assigned wrecking
crew, if reasonably accessible to the wreck will be called ... to wort:
with the contractor. The contractor's ground forces will not be used_
however, unless all available and reasonably accessible members of thE:
assigned wrecking crew are called ..."
The undisputed facts are that there was no wrecking crew at Reserve Yard. No
wrecking crew at Reserve Yard could have been called. Claimants had no seniority at
Reserve Yard. They were twenty (20) or thirty (30) miles away. They were not
available and reasonably accessible to perform the work at Reserve Yard. In no
way did the Carrier violate any of the provisions in Rule 75. Sections (b) and
(e) of that Rule, relied upon by Employes, are not applicable because the provisions
therein did not become effective since no wrecking crew was called as prescribed
in Section (e). The precedent awards cited by the employes in no way apply to the
facts here.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
oe_
Attest:
Nancy .ever - Executive Secretary
Dated at Chicago, Illinois, this
10th day of October, 1984