Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10962
SECOND DIVISION Docket No. 10796
2-D&M-CM-'86
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:
(Detroit and Mackinac Railway Company
Dispute: Claim of Employes:
1. That under the current agreement, the Detroit & Mackinac Railway
Company violated Rules 7, 26, 27 Par. 1, 111, 114 and 115 of the Federated
Shops Craft agreement of September 1, 1949 and Article 7, "Wrecking Service"
as amended in the 1975 National Agreement. That, carmen Ralph Woods, Arnold
Drumm and Edw. Trudell, assigned wrecking crew members were denied compensation of pay, when on September 23 and 24, 1983 the Detroit & Mackinac Railway
Co. secured the services of an outside contractor, named Hulcher, with equipment, operators and groundmen to perform carmen's work in rerailing freight
cars and clean up, at derailment site at M.P. 95 Harrisville, Mi. Therefore
the Carrier failed to allow a sufficient number of the assigned crew to
perform the ground work.
2. That accordingly, the Detroit & Mackinac Railway Company be
ordered to pay each of the aforementioned carmen, nine (9) hours at straight
time pay and 25 hours at time and one half at carmen's rate of pay, for lost
(sic) of compensation of pay, for outside contractors employees performing the
carmens work of hooking and unhooking cables, assembled trucks, loading of
cars on flat cars and salvaging of car parts.
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.
Form 1
Page 2
Award No. 10962
Docket No. 10796
2-D&M-CM-'86
The Claimants are employed by the Carrier at its repair facility
called the Tawas City Shop. On September 23, 1983, a derailment involving
twenty-one (21) freight cars occurred at M.P. 95 Harrisville, Michigan. The
Carrier made arrangements to use the Hulcher Company, an outside contractor,
to perform all the work necessary to rerail the cars and clear up the derailment site. The Organization contends the Carrier violated the Agreement and,
specifically, that the Carrier did not call a sufficient number of Carmen to
work with the contractor. In its initial response to the Claim, the Carrier
indicated it did not have an assigned wrecking crew and that a sufficient
number of Carmen were called. The Organization subsequently responded and
submitted to the Carrier a statement signed by seven Carmen attesting to the
procedures and past practice applicable to derailments and wrecks. Also
submitted was a hand written list of Carmen under the heading D&M Wrecking
Crew signed by J. E. Daugherty on March 16, 1979.
In its Submission, the Carrier, apparently, is able to rebut much of
the Organization's position. This Board's problem with much of the Submission
is that it contains information and arguments raised for the first time. On
the property handling did not contain data relating to the hours for which
specific Carmen were compensated. The asserted practice of Trainmen involved
in rerailing was not raised previously nor was any claim that the handwritten,
1979 D&M Wrecking crew list raised by the Organization for the first time in
this matter. Numerous additional, glaring on-the-property omissions abound,
and we will not further clutter the record by specific reference.
As presented, we find the Organization has met its initial burden of
proof, and the Carrier, by ignoring the assertions of the Organization, cannot, in its Submission, rectify such a substantial oversight.
A WAR D
Claim sustained at the pro rata rate.
Attest:
Nancy J,,Vrer - Executive Secretary
Dated at Chicago, Illinois, this 27th day of August 1986.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division