Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 1054&'
SECOND DIVISION Locket No. 10305
2-BO-CM-'85
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( Brotherhood Railway Carmen of the
( United States and Canada
Parties to Dispute:
( The Baltimore and
Ohio
Railroad Company
Dispute: Claim of Employes:
1. That the Baltimore and Ohio Railroad Company violated the controlling
Agreement, when on the date of January 12, 1982, they failed to call members
of the New Castle Junction assigned wrecking crew to perform wrecking service
at a location known as Newton Falls,
Ohio
and allowed carmen off a foreign
railroad, Conrail, utilizing Conrail equipment, crane, etc., and crew out of
Lordstown,
Ohio
to perform wrecking service on Baltimore and Ohio property,
in lieu of claimants who were reasonably accessible and available, in
violation of Rule 142-1/2 of the controlling Agreement.
2. That accordingly, Carrier be ordered to compensate claimants, members
of the New Castle Junction assigned wrecking crew for all time lost account
this violation as follows: A. Norcera, E. Cannistra, W. V. Mora, M. J. Rubin,
E. J. Frank, W. B. Ford, R. A. Perrotta, W. Rogers, and S. C. Perrotta, each,
eight (8) hours' pay at the time and one half rate and one (1) hours' pay at
the doubletime 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 waived right of appearance at hearing thereon.
This claim is in behalf of nine members of the New Castle, Pennsylvania,
Wrecking Crew for eight hours' pay each at the one and one-half rate and one
hour each at the double time rate. The background to the dispute is that, on
January 12, 1982, a broken journal was discovered on Car C&O 38857 and Train
Extra West 4298 stopped. The car was not derailed. The Carrier contends the
New Castle wreck crane was out of service. The Organization disputes this
assertion of fact. Notwithstanding, the Carrier called a Conrail off-track
crane to perform the lifting work involved in the repairs. The repair
involved the lifting of the car, the removing and replacement of the damaged
truck.
Form 1 Award No. 10548
Page 2 Docket No. 10305
2-BO-CM-'85
The Organization argues the Claimants were reasonably accessible to the
wreck and were available. It also contends that, by claiming the New Castle
wreck crane was out of service, the Carrier was well aware that the work in
question accrued to the Claimants as members of the New Castle Wrecking Crew.
This Board disagrees with the Organization. The threshold issue is
whether or not the work involved in replacing the truck was, in fact, work
reserved to the Carrier's wreck crew. The car in question was not derailed
nor was it wrecked. The car had a broken journal requiring replacement.
Under the circumstances described, we are not able to conclude that the work
involved triggered or mandated the use of the New Castle wreck crew.
Therefore, the Claimants have no standing before us.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST:
t
Nancy
J.,be
r - Executive Secretary
Dated at Chicago, Illinois, this 18th day of September, 1985