Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11391
SECOND DIVISION Docket No. 11159
2-SSR-CM-187
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:
(Seaboard System Railroad
Dispute: Claim of Employes:
1. That the Seaboard System Railroad Company, hereinafter referred
to as the Carrier, violated the controlling Agreement, particularly but not
limited to Rules 107, 30(a), and Appendix C, Article III, when on October 2,
1984, they used other than Carmen to clean up a derailment at Shelborn,
Indiana.
2. And accordingly, the Carrier should be ordered to additionally
compensate Carmen H. Hale, H. Jones, C. T. Hicks, and R. Woolsey, hereinafter
referred to as the Claimants, in the amount of:
H. Hale - 8 hours overtime
C. T. Hicks - 3 hours overtime and 5 hours straight time
H. Jones - 3 hours overtime and 5 hours straight time
R. Woolsey - 3 hours overtime and 5 hours straight time
as the result of said 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 October 2, 1984, a Claims Agent and three employees of an outside
salvage firm were utilized to pick up scrap metal at a derailment site near
Shelborn, Indiana between the hours of 3:00 and 6:00 p.m. Claimants are all
Carmen employed by the Carrier at its Howell Shops in Evansville, Indiana; all
are assigned to the Miscellaneous Overtime Board.
Form 1
Page 2
Award No. 11391
Docket No. 11159
2-SSR-CM-187
According to the Organization, until October 1, 1984, Carrier's
Hoesch crew had been assisting the wrecker crew in clearing the derailment by
the use of a truck with a hydraulic boom. However, they were relieved on
October 1, 1984, and Midwest Commodities employees were used to pick up and
load the remaining scrap parts of the freight cars on October 2, 1984.
The Organization maintains that the Carrier violated the Agreement by
using Midwest Commodities employees to assist in the clearing of the derailment. In particular, the Organization refers the Board to Rule 107(a), which
states:
"107(a). Regularly assigned wrecking crews
...
will be composed of carmen and will be paid for
such service under Rule 11."
To the Organization, the foregoing clearly establishes that wrecking
work belongs to Carmen. Moreover, where, as here, scrap parts of freight cars
were picked up and loaded, the work was wrecking work reserved to Carmen.
Thus, the Organization submits that when the Hoesch crew and equipment were
released, additional forces should have been called from the Miscellaneous
Overtime Board.
Carrier asserts that the work of picking up scrap metal on line of
road is not reserved to Carmen. We agree. From the evidence adduced on this
record, it is clear that both the equipment and employees of Midwest Commodities were retained exclusively for salvage operations. Their use to pick up
scrap metal at the derailment site did not infringe upon the rights of the
wrecker crew, all of whom performed duties consistent with their assignments.
At no time was there any judgment made by any employees of the Carrier or the
contractor regarding possible salvage of parts for reuse, but rather all scrap
metal was indiscriminately collected for disposal at scrap value. Based on
these facts, we must conclude that the retention of a contractor for the
performance of salvage operations did not constitute wrecker service and did
not otherwise infringe upon the rights of the Claimants. Accordingly, we must
rule to deny the Claim.
A W A R D
Claim denied.
Nancy J 900er - Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 25th day of November 1987.