Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10858
SECOND DIVISION Docket No. 10781
2-MP-CM-'86
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated Rule 7 (c) of
the controlling Agreement when they released the wrecking crew at Palestine,
Texas at 4:00 P.M., March 8, 1983 after calling them at 3:00 P.M. same date,
then calling them back at 6:00 P.M., same date.
2. That the Missouri Pacific Railroad Company be ordered to
compensate Carmen C. B. Endsley, D. R. Bambeck, K. L. Kelly and E. F. Kirby in
the amount of two (2) hours at the overtime rate account this violation.
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.
The Claimants are all employed by the Carrier at its Palestine, Texas
shop and yard. All Claimants are regularly assigned to Carrier's wrecking
crew at Palestine.
On March 8, 1983, there was a derailment at Palestine, Texas.
Claimants were called to work at 3 P.M. on March 8th and worked at the
derailment until they were relieved at 4 P.M. on the same day. The Claimants
were called back into service at 6 P.M. on March 8th to work on the same
derailment. The Organization filed a Claim on the Claimants' behalf, seeking
two (2) hours' pay at the overtime rate for each Claimant.
The Organization contends that the Carrier violated Rule 7(e) of the
Current Agreement, which provides:
Form 1 Award No. 10858
Page 2 Docket No. 10781
2-MP-CM-'86
"Wrecking service employes will be paid under this
rule, except that all time working, waiting or
traveling on their rest days and holidays will be
paid for at rate of time and one-half, and all time
working, waiting or traveling on other days after
the recognized straight time hours at home station
will also be paid for at rate of time and one
half."
The Organization further contends that the Carrier violated Rule 7(b)
when it called the Claimants back into service before five (5) hours had
elapsed after they were released. Rule 7(b) provides:
"If during the time on road a man is relieved from
duty for five (5) hours or more, such relief time
will not be paid for provided that in no case shall
he be paid for less than the eight (-8) hours
constituting his regular assignment at the home
station (when such irregular service prevents the
employe from making his regular daily hours at home
station) and in addition thereto for the actual
time working or traveling before or after his
regular assigned hours at the home station."
The Organization therefore contends that the Claim should be sustained.
The Carrier contends that the Rule cited by the Organization does not
support the Claim; Rule 7 is entitled "Emergency Road Service," and governs
the assignment and payment of crews called to go out on the line of road away
from their home station. The Carrier points out that it is undisputed that
the derailment occurred inside the yard at Palestine, Texas; the derailment
did not occur outside the yard limits or out on the line of road. The first
sentence of Rule 7 states, "An employee regularly assigned to work at a shop,
engine house, repair track or inspection point when called for emergency road
work away from such shop, engine house, repair track or inspection point . . .
.' The Carrier argues that this language establishes that Rule 7 does not
apply to the instant dispute.
The Carrier argues that Rule 105 of the Agreement supports its
contention that wrecks occurring within a yard are handled differently from
wrecks occurring on the line of road. Rule 105 provides for different crew
assignments for the two classifications of wrecks.
Additionally, the Carrier argues that Rule 7(b) expressly provides
for a method of payment for time spent on the road. In this case, the
Claimants were not on the road; the Carrier therefore asserts that Rule 7(b)
does not govern payment for waiting time. The Carrier finally contends that
the Claim is without support and should be denied in its entirety.
Form 1 Award No. 10858
Page 3 Docket No. 10781
2-MP-CM-'86
Finally, the Carrier contends that the Claimants were not called for
wrecker service until 6 P.M. The Carrier contends that a "call" refers to a
call to leave the home point to go out on the road, or a call outside working
hours to report to a scene of a derailment. The Carrier argues that at 3
P.M., the Claimants were still working their regular schedule and did not get
called out of their home point to clean up a wreck; but they were merely taken
to the area of the wreck to "survey" it and then were sent home, as usual, at
4 P.m.
This Board has reviewed the evidence in this case, and it finds that
the Claim must be denied.
Although the Organization contends that the wrecking crew was called
at 3 P.M., the fact remains that the Claimants were working their regular 7
A.M. to 4 P.M. assignment on March 8, 1983, and merely were sent to the scene
of the derailment at 3 P.M. to survey the damage. There was no wrecking
equipment available at that time, and no work was performed in an effort to
rerail the cars. The Claimants were merely brought to the scene of the
wreckage as part of their regular assignment that day, not in their capacity
as a wrecking crew on a call. The Claimants were released to go home at their
usual 4 P.M. quitting time. The Carrier then proceeded to construct a segment
of track in order to be able to get the wrecker in a position to reach the
derailed cars. Then the Carrier was planning to call the wrecking crew.
This Board finds that at 6 P.M., the Claimants were first called in
their role as members of the wrecking crew for the purpose of cleaning up the
wreck. At that point, the wrecker could reach the damage, and the work could
begin. During the period between 4 P.M. and 6 P.M., the Claimants were on
their own time.
Hence, we find no basis in the record for awarding the Claimants pay
for the period 4 P.M. to 6 P.M. The Claimants were not called for wrecking
service until 6 P.M.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. q~Wr - Executive Secretary
Dated at Chicago, Illinois, this 28th day of May 1986.