Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11027
SECOND DIVISION Docket No. 10896
2-MC-PT-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:
(Maine Central Railroad Company
(Portland Terminal Company
Dispute: Claim of Employes:
1. That the Maine Central Railroad Company and its subsidiary, the
Portland Terminal Company (hereinafter referred to as the Carrier) violated
the provisions of the current Agreement, namely Rules 96, 97 and letter of
Agreement dated May 9, 1980, at the scene of a derailment at Oakland, Maine,
on February 10, 1983.
2. That accordingly, the Carrier be ordered to additionally compensate the regularly assigned wrecking crew members headquartered at Rigby;
namely Carmen: R. E. Palmer, G. H. Colton; H. A. Sampson; W. F. Harrigan; G.
W. Rounds; D. R. Andrews; R. E. Downs; M. J. Brown; and D. E. Amsden, eight
(8) hours at the carmen's pro rata rate of pay and three (3) hours and thirty
(30) minutes at the Carmen's time and one-half rate pay on account of 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 facts and issue herein are essentially the same as in Second
Division Award No. 11026. On February 10, 1983, the Carrier used the Rigby
wrecking outfit at a freight train derailment site at Oakland, Maine; however,
without using the Claimants who are wrecking crew members headquartered at the
Rigby Yard. Instead, the Carrier staffed the Rigby outfit with Carmen from
its Waterville Yard. The Waterville crew working on that date worked from 7
A.M. to 6 P.m.
Form 1 Award No. 11027
Page 2 Docket No. 10896
2-MC-PT-CM-'86
The reasons set forth in Second Division Award No. 10745 are equally
applicable to this Claim to wit: the Claim is sustained and Claimants shall
be paid the difference between what they earned, if anything, on February 10,
1983, and what they would have earned on that date if they had accompanied and
worked on the Rigby wrecking outfit at Oakland, Maine on that date, performed
the work at that location and accompanied the wrecking outfit back to Rigby,
including any contractually provided travel allowances.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
000,
Attest:
ancy J. D4601- - Executive Secretary
Dated at Chicago, Illinois, this 8th day of February 1986.