Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10906
SECOND DIVISION Docket No. 10362
2-BN-CM-186
The Second Division consisted of the regular members and in
addition Referee T. Page Sharp when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Burlington Northern Railroad Company
Dispute: Claim of Employes:
1. That the Burlington Northern Railroad Company failed to properly
call the Carman Wrecking Crew at Memphis, Tennessee on May 23, 1982, resulting
in loss of time by Wrecking Crew Member B. C. Gaines from May 23, 1982 through
May 26, 1982.
2. That the Burlington Northern Railroad Company reimburse Carman B.
C. Gaines for the overtime lost: as follows:
May 23, 1982 - 4 PM - 12 Midnight
8 hours - overtime rate
May 24, 1982 - 12 M - 4 PM
16 hours - overtime rate
May 25, 1982 (7 AM - 3 PM regular work shift
riot claimed)
May 25, 1982 - 3 PM - 12 Mid
9 hours - overtime rate
May 26, 1982 - 12 Mid - 2 AM
2 hours - overtime rate
A total overtime hours lost during this period of
thirty-five (35) hours at time and one-half or
$616.00.
3. That Carman B. C. Gaines be reimbursed for thirty-five hours at
the time and one-half rate of pay at the time of occurrence which was $11.73
per hour or $616.00 plus ten percent (10%) interest.
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 :rune 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Form 1 Award No. 10906
Page 2 Docket No. 10362
2-BN-CM-'86
Parties to said dispute! waived right of appearance at hearing thereon.
Claimant had, on April 5, 1982, bid for an Extra Board position on
the Derrick Call List of a Wrecker Crew. On May 21, 1982, the Local Chairman
observed that the wrecker list had not been changed to include Claimant. He
immediately made a new list to include Claimant and placed a copy of it in the
Rip Track Office, gave a copy to the General Car Foreman, and placed a copy in
the office of the Trainyard. This was done on a Friday afternoon.
The necessity to call the Wrecker Crew came on the following Sunday
afternoon. The Carrier utilized the old Wrecker Crew list and as a consequence Claimant was not called for service. Thus, he claims for the whole or
portion of the four consecutive days that the Wrecker Crew worked.
The position of the Carrier is that the Foreman responsible for the
call was not furnished a copy of the call list because the office in which the
Local Chairman left the updated list was locked from Friday afternoon until
Monday morning and was not available to the correct person to make the call.
Furthermore, the responsibility for the correctness of the list rests with the
Organization as a result of a local Agreement.
The Organization admits that the responsibility for the list rests
with it, but states that the responsibility of the call rests with the Carrier
management. The crux of Claimant's case is that leaving the list in the
office was tantamount to notification because the Foremen who would make a
call came into that office during the weekend.
The Carrier stated in correspondence between the parties that the
office of the clerk in which the list was left is a separate office from the
office of the General Car Foreman. The latter office is the one that the
weekend Foremen utilize during the course of a weekend. The office of the
clerk is left locked and is not utilized by the Foremen.
The duty Foreman called from the list that was available to him, the
old list. Claimant has not established that the disposition of the new list
by the Local Chairman was constructive notice to the Carrier. Constructive
notice would include leaving the list in a place where the person responsible
for the call
should have observed it and consequently was under a duty. to make
calls according to the new list.
Both parties agree that it is the responsibility of the Organization
to make out the list. This responsibility includes proper delivery of the
list. Once delivered the Carrier has the duty to make calls accordingly.
There is nothing in the record, except a self serving statement by the Organization, that would refute the statement of the Carrier that the office in
which the list was left was kept locked for the weekend and that, therefore,
the new list was not available to the Foreman responsible for the call.
When the list was properly discovered on the Monday following its
delivery there was no obligation for the Carrier to add Claimant's name to the
working Wrecker Crew. That crew had been constituted by the old list.
Form 1 Award No. 10906
Page 3 Docket No. 10362
2-BN-CM-'86
We find that the Organization has not proved that the Carrier knew or
should have known that Claimant's name was not properly on the Wrecker Call
List. Therefore, we will deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 9th day of July 1986.