Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11290
SECOND DIVISION Docket No. 10989
2-EJ&E-CM-'87
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:
(Elgin, Joliet and Eastern Railway Company
Dispute: Claim of Employes:
1. That the Elgin, Joliet and Eastern Railway Company violated Rules 450
and 472 of the current working Agreement when they used Car Inspector Cayman
H. Smith, whose seniority point is West Chicago, to assist Car Inspector Cayman W. B. McGovern to rerail Milw. #99584 which was derailed at Leighton
(sic), Illinois on January 26, 1984.
2. That the Elgin, Joliet and Eastern Railway Company be ordered to compensate Joliet Wreck Truck Driver Cayman R. 0. Burroughs for three (3) hours
and thirty (30) minutes at the pro rata rate, plus one (1) hour of pay in lieu
of the meal period he would have received had he been properly used to perform
said rerailing work account of the above rule 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 Carrier suffered a minor derailment at Leithton and sent a Cayman
from West Chicago, Illinois to assist in rerailing. This Claim concerns a
Cayman whose seniority point is Joliet, Illinois. The Claimant is a Wreck
Truck Driver and claims he should have been called to assist.
Rule 50 (Wrecking Crews) of the Schedule Agreement governs assignments. Rule 50(a) states:
"(a) In dispatching wrecking equipment to wrecks,
the Carrier will determine whether the wrecking
Form 1
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reads:
Award No. 11290
Docket No. 10989
2-EJ&E-CM-'87
outfit (derrick), mobile crane, or a combination
of such equipment will be used."
The remainder of the rule concerns the rights, seniority and otherwise, of the
employees when the wrecking equipment is dispatched.
Rule 50(a) only determines the rights of the employees when the wrecking equipment has been dispatched. In this case the Carrier, apparently because of the minor nature of the derailment, decided not to send wrecking
equipment to the derailment. The nature of the Claim does not address any
duty of the Carrier to send this equipment. Therefore, we find no violation
of any of the provisions of Rule 50.
Rule 72 covers the general seniority rights of the employes. It
"(a) Seniority of employes in each craft covered
by this agreement shall be confined to the point
employed in each of the following departments. . .
Car Department
Four sub-divisions of Carmen, as follows:
Patternmakers,
Upholsterers,
Painters
Other Carmen"
Claim falls into the category of "Other Carmen.
violation.
Past practice has been, for many years, to send Car Inspectors from
nearby outlying points to perform work. The Carrier admits that the Claimant
would have been called if the wreck equipment had been utilized.
Based upon the lack of Rule support and the past practice we find no
A W A R D
Claim denied.
Attest:
Nancy J. D~r - Executive Secretary
Dated at Chicago, Illinois this 1st day of July 1987.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division