Form 1 NATIONAL RAILROAD AJUSTMENT BOARD Award No. 10710
SECOND DIVISION Docket No. 9827
2-SP-CM-'86
The Second Division consisted of the regular members and in
addition Referee John J. Mikrut, Jr. when award was rendered.
(Brotherhood Railway Carmen of the United States
(and Canada
Parties to Dispute:
(Southern Pacific Transportation Company (Eastern Lines)
Dispute: Claim of Employes:
1. That the Southern Pacific Transportation Company (Eastern Lines)
violated Article VII of the National Wrecking Service Agreement of December 4,
1975, Memorandum Agreement of May 31, 1979, and Letter of Understanding of May
31, 1979, when they failed to use the Lafayette, Louisiana wrecking crew when
wreck occurred at Brimstone Siding on April 30, 1981.
2. That accordingly, the Southern Pacific Transportation Company
(Eastern Lines) be ordered to compensate members of the Lafayette Wrecking
Crew as follows:
K. R. Granger - 1 hour preparatory time 7:30 A.M.
to 8:30 A.M. at straight time rate;
11 1/2 hours from 8:30 A.M. to 7:30
P.M. at overtime rate and 2 hours
from 7:30 P.M. to 9:30 P.M. for
travel time at overtime rate.
M. W. Lancios - 3 1/2 hours from 4:00 P.M. to 7:30
P.M. at overtime rate; 7:30 P.M.
to 9:30 P.M. 2 hours travel time
at overtime rate.
G. Phillips - 4 1/2 hours from 3:00 P.M. to 7:30
P.M. at overtime rate; 2 hours from
7:30 P.M. to 9:30 P.M. travel time
at overtime rate.
F. C. Richard - 4 1/2 hours from 3:00 P.M. to 7:30
P.M. at overtime rate; 2 hours travel
time from 7:30 P.M. to 9:30 P.M. at
overtime rate.
R. J. Comeaux - 3 1/2 hours from 4:00 P.M. to 7:30 P.M.
at overtime rate; 2 hours travel time
from 7:30 P.M. to 9:30 P.M. at overtime
rate.
Form 1 Award No. 10710
Page 2 Docket No. 9827
2-SP-CM-'86
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.
On Thursday, April 30. 1981, at approximately 7:30 A.M., a major derailment occurred at Brimstone Siding which is located 37 miles east of
Beaumont, Texas and 12 miles west of Lake Charles, Louisiana. The record
shows that, in an effort to clear the derailment, Carrier utilized the
services of three (3) outside wrecking crew contractors and eight (8) of its
own Carmen classified employees for this purpose. Of the eight (8) Carmen so
utilized, five (5) were from Carrier's facility at Beaumont, Texas and three
(3) were from Carrier's Lake Charles, Louisiana facility.
Subsequent to said incident, a Claim was filed which contended, as
per Article VII of the parties' National Wrecking Service Agreement of
December 4, 1975, the Memorandum of Agreement of May 31, 1979, and the Letter
of Understanding of that same date, that Carrier should have utilized the
services of the six (6) man wrecking crew which was stationed in LaFayette,
Louisiana to perform the disputed wrecking service work on April 30, 1981.
As best as can be discerned from the record, Organization's basic
contention is not that outside contractors were utilized to perform the
essential wrecking service work on April 30, 1981, but rather that Carrier's
six (6) man, Lafayette, Louisiana wrecking crew was not called to assist in
that effort and that such work was instead assigned to eight (8) other Carmen
- - five (5) from Carrier's Beaumont, Texas facility and three (3) from
Carrier's Lake Charles, Louisiana facility. Carrier, on the other hand,
maintains that its actions in this matter were in compliance with the provisions of the aforestated Agreement, Memorandum and Letter of Understanding.
The Board has carefully read, studied and considered the complete
record in this dispute and is convinced that Carrier's position, as presented,
is correct and, therefore, must prevail.
Quite obviously, the disposition of this matter is significantly
impacted by the Parties' three (3) written agreements which have already been
referenced hereinabove. While it might reasonably be argued that the pertinent language of Article VII of the National Wrecking Service Agreement of
December 4, 1975 and the Memorandum Agreement of May 31, 1979, when read
either separately or in combination, is ambiguous and thus susceptible to the
interpretation which Organization presently urges, the parties' Letter of
Understanding of May 31, 1979 is, nonetheless, a clear, precise and unambiguous document which, when considered either alone or in combination with
Form 1 Award No. 10710
Page 3 Docket No. 9827
2-SP-CM-'86
the other two (2) agreements, can have but one and only one meaning. That
meaning, which has been advanced by Carrier herein, is that in situations when
an outside contractor is called upon to perform wrecking service, six (6) of
Carrier's reasonably accessible groundmen must be used, but said groundmen
employees " . . . would not necessarily be all from Houston, San Antonio or
LaFayette . . ." which are the locations of the three (3) Carrier wrecking
crews specified in the Parties' Memorandum Agreement of May 31, 1979.
Given the clarity of the Parties' aforestated Letter of Understanding
of May 31, 1979, and absent any supportive evidence that the singular interpretation derived therefrom is incorrect or otherwise improper, or that there
is a contravening, mutually agreed upon practice in existence between the
Parties which would negate said language, the Board can only rule that
Carrier's action in the instant dispute was proper.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. e~ - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of January 1986.