Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11673
SECOND DIVISION Docket No. 11439
89-2-87-2-95
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE: (
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM:
1. That the Southern Pacific Transportation Company violated the
terms of Rule 5(b), 19 and III(c) of the current working agreement when the
Carrier failed to properly call and compensate Carmen T. C. Lozano, Jr., B. R.
Diaz, B. L. Landingham and R. P. Pina on May 29, 1986.
2. That accordingly, the Southern Pacific Transportation Company be
ordered to compensate Carmen T. C. Lozano, Jr., B. R. Diaz, B. L. Landingham
and R. P. Pina three (3) hours each at the overtime rate of pay for May 29,
1986.
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 in this case are not in dispute. On May 29, 1986, a truck
trailer van disengaged from a railroad flat car and fell off of a moving
freight train within the Roseville Yard limits. The fallen van blocked the
main line track and Carrier used existing Carmen from the One Spot Repair
Track to clear the obstructed track. The track was cleared utilizing the Isco
Rerailing Truck which moved the van off the main line track.
The Organization asserts that the Carrier violated the Agreement when
it assigned other than the relief outfit crew to clear the accident. The
Organization argues that the relief outfit crew should have been called. The
organization also points to the fact that the obstruction was cleared utilizing the rerailing truck.
Form 1 Award No. 11673
Page 2 Docket No. 11439
89-2-87-2-95
The Carrier denies any violation of the Agreement and argues that
moving the van was "no more than clearing any other debris, fouling any
track." It maintains that no relief outfit work or wrecking service was
performed.
In our review of this case we have searched the record for probative
evidence required of the Organization as the moving party. Finding no such
evidence we must deny the Claim. The Organization failed to present Agreement
language which required the crew to be called. Rule 111(c) states that:
"When relief outfit is called for derailments or
accidents, inside the yard limits at home point,
only the necessary number of regularly assigned
crew will accompany the outfit."
The crew was not called and the Agreement does not require that it be called.
The Organization's reliance upon the use of the rerailing truck is misplaced.
The record indicates that the truck was not utilized for rerailing. In addi
tion, there is no Rule restricting Carrier's assignment of the truck only to _
the relief outfit crew.
The Board finds no evidence of record by which to conclude that a
derailment or accident occurred requiring a relief outfit crew or that the use
of the rerailing truck in these circumstances indicates any Agreement violation.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _ 4
~Z.0"o - - 'd
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1989.