Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11661
SECOND DIVISION Docket No. 11514-T
89-2-87-2-162
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Indiana Harbor Belt Railroad Company
STATEMENT OF CLAIM:
1. That the Indiana Harbor Belt Railroad violated the terms and
conditions of the Agreement, specifically Rules 157 and 31, when they allowed
Terminal Superintendent L. Cundary and two switchmen to perform wrecking work
in rerailing car UPFE 454961 on September 16, 1986.
2. That the Indiana Harbor Belt Railroad Company be ordered to
compensate Carmen D. Moll, T. Soria and T. King eight (8) hours' pay each at
the time and one-half rate of pay for this violation of the Agreement.
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.
This Claim involves the same parties and Rules as that dealt with in
our Award 11660. The facts of the alleged violation differ slightly though.
In Award 11660 the rerailing was done with Maintenance of Way Employees. In
this Claim the rerailing was done with switchmen. As in Award 11660 Third
Party Notice was given to the United Transportation Union, however it declined
to respond.
On this record it to clear that switchmen were used to rerail UPFE
454961. Carrier has indicated, without adequate rebuttal by the Organization,,
that these switchmen were members of the crew involved in the derailment. The
use of the involved crew in a rerailing operation without additional assistance is a permitted exception under Rule 157(a). Accordingly, the Agreement
was not violated.
Form 1 Award No. 11661
Page 2 Docket No. 11514-T
89-2-87-2-162
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
At test:_
Nancy J. r -.Executive Secretary
Dated at Chicago, Illinois, this 1st day of March 1989.