Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11100
SECOND DIVISION Docket No. 11181-T
2-B&M-CM-'86
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Boston and Maine Corporation
Dispute: Claim of Employes:
1. That the Boston and Maine Corporation (hereinafter referred to as
the Carrier) violated the service rights of Carman C. Ilnicky, a regularly
assigned member of the East Deerfield, MA wrecking crew, and Rules 112 and 113
of the controlling agreement, when Foreman-Wreckmaster H. Beaudoin performed
car<nen's work and wrecking service at the scene of a derailment at the turntable at the East Deerfield Engine House on March 13, 1983.
2. That accordingly, the Carrier be ordered to additionally ccxnpensate Carman E. Ilnicky four (4) hours at the carmen's pro-rata rate of 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.
On March 14, 1983, a Jet Snowblower derailed at Carrier's East Deerfield Engine House. The Carrier utilized a Supervisor and a Carman to operate
a Gallion Crane, which was used in the rerailing operation.
The organization argued the above incident was a violation of Work
Rules 112 and 113. The Supervisor was performing a Cayman's work by, among
other things, hooking up the hoist and cables. The Organization stated this
work is exclusive to the craft, and the Claimant was available. The Organization submitted numerous Awards in support of their position.
Form 1 Award No. 11100
Page 2 Docket No. 11181-T
2-B&M-CM-'86
The Carrier argued the equipment that derailed was exclusive to the _
Machinist's craft. The Gallion Crane is limited exclusively to use on the
repair track at East Deerfield and is not for the purpose of rerailing equip
ment. Because the unit was immobilized in the turntable and was blocking the
movement of freight locomotives, the Carrier needed to conduct the rerailing
as soon as possible. The Carrier argued that the Carman's craft does not have
exclusive rights to rerailing activities and notes that Trainmen under certain
circumstances since 1945 have been able to rerail cars by means of a pulling
operation. In addition, the Carrier notes there is a practice of rerailing
track equipment performed by crafts other than the Cayman craft.
The Board upon complete review of the evidence finds that Rule 112
(c)(6) reads in pertinent part:
"For wrecks within yard limits, sufficient carnien,
preferably members of the regular assigned wreck
ing crew, if available, will be called to perform
the work."
This Board has rather consistently held that, where a Rule clearly grants the
exclusive right to perform work in question, then that work will accrue to the
craft. The question in this case is, "Does the rule cited above clearly give
exclusive rights to the carman's craft?" The Board finds that it does (there
is no question of an exception as noted for Trainmen in the above paragraph).
Since the Supervisor was required to perform work belonging to this craft,
"sufficient carmen" were not called, and therefore the Claim will be sustained -
for 4 hours at the Cayman's pro-rata rate of pay.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attes ~ _
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 10th day of December 1986.