Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11025
SECOND DIVISION Docket No. 10834-T
2-S00-CM-'86
The Second Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Soo Line Railroad Company
Dispute: Claim of Employes:
1. That under the current agreement, the Soo Line Railroad Company
violated Rules 7, 27, 28, 94 and 98 of Shops Crafts Agreement as amended, when
the Soo Line Railroad Company ordered three (3) Section crew members, to perform carmens work of rerailing Soo Line Car 60559, which was derailed at the
West end of rip track at Dresser, Wi., on July 12, 1983.
2. That accordingly, the Soo Line Railroad Company be ordered to pay
Shoreham Shops wrecker crew members, Carmen G. Erickson, D. Parvey and J.
Sjoberg 2-2/3 hours call time each, at time and one half carmens rate of pay,
for loss of compensation of pay, on July 12, 1983, when not called to perform
carmens work of rerailing Soo Line Car 60559 which was derailed at Dresser, Wi.
Instead the Soo Line Railroad Company ordered and allowed the Sectionmen, other than carmen, to perform carmens work when attempting to rerail
the freight car.
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.
In this dispute, the Brotherhood of Maintenance of Way Employes, a
possible Third Party in interest, was notified but declined to intervene.
Form 1 Award No. 11025
Page 2 Docket No. 10834-T
2-S00-CM-'86
Claimants are assigned to the Carrier's Shoreham Shops Wrecker Crew
at Minneapolis, Minnesota. On July 12, 1983, the Carrier assigned three Section Crewmen who attempted, without success through use of frogs and blocking
to rerail a derailed freight car from 2:00 P.M. to 3:00 P.M. on the West end
of the rip track at Dresser, Wisconsin. On July 13, 1983, Wrecker Crewmen
from Shoreham Shops were called and successfully rerailed the car. Claimants
seek 2-2/3 hours call time for not being called on July 12, 1983 for the
claimed Carmen's work that was performed by the Section Crewmen on that date.
The Organization argues that under the claimed rules, Carmen are to
be called for wrecks or derailments and that the exceptions provided for in
the rules (emergencies or where train or engine crews could rerail with frogs
or blocking which is immediately available) do not apply in this situation.
The Carrier first maintains that there is no language within Rule 98
that would require calling a Wrecking Crew to rerail a car with frogs, jacks,
or blocking, as one pair of wheels on the ground does not constitute wrecking
work within the meaning of that Rule. Second, the Carrier asserts that the
past handling of Claims for rerailing prior to the 1980 revision of Rules 94
and 98 indicates it has been an accepted practice for other than Carmen to
handle frogs in the rerailing of cars. Third, the Carrier asserts that under
similar rules to Rule 98, the Board has consistently held that where a wrecking outfit is not called, rerailing is not the exclusive work of Carmen. Finally, according to the Carrier, since Carmen rerailed the derailed car and
were compensated for that work, they were not deprived of the work.
We find that Second Division Award No. 10665, involving the same parties, controls this case and is not palpably erroneous. In that Award, an
automobile struck a Carrier train outside of a yard. After the automobile had
been cleared, it was discovered that one pair of car wheels was off the track.
Sectionmen and a Roadmaster placed rerailing equipment and the Train Crew pulled the car back onto the track. The Carmen then filed Claims under Rules 98
and 28. The Board sustained the Carmen's Claims and rejected previous Awards
cited by the Carrier that rerailing work was not exclusive to the Carmen since
those Awards predated the 1980 Agreement. The Board further distinguished
Second Division Award No. 10111 since that Award was limited to rerailing cars
within the roundhouse area and therefore was not considered to be on point.
Carrier arguments concerning the nature of the accident not being "wrecking
work" within the meaning of Rule 98, and lack of exclusivity of rerailment
work to the Carmen craft were similarly rejected in light of Rule 98's clear
language. The same holds true in this case.
Any claimed past practice prior to the 1980 Agreement does not change
the result in light of the clear language of the Rules 94 and 98 and the precedent cited. Even assuming that Carmen eventually performed the rerailing,
as the Carrier argued here, does not, under the circumstances of this case,
defeat the Claim.
Form 1 Award No. 11025
Page 3 Docket No. 10834-T
2-S00-CM-'86
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. D v -Executive Secretary
Dated at Chicago, Illinois this 8th day of October 1986.