Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11718
SECOND DIVISION Docket No. 11558
89-2-88-2-37
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division TCU
PARTIES TO DISPUTE:
(Indiana Harbor Belt Railroad Company
STATEMENT OF CLAIM:
1. That the Indiana Harbor Belt Railroad Company violated Rule 7 of
the Agreement on January 7, 1987 when they ordered the MEI wrecking crew to
repair tank car DUPX 6969 after they had finished rerailing a loaded gondola.
2. That the Indiana Harbor Belt Railroad Company be ordered to compensate the wreck crew, Carman V. Dunaway, G. LaVelle, J. Goatley, C. Volk and
F. Siniawski, for one (1) hour preparatory time, plus two (2) hours and forty
(40) minutes each at their respective wrecking rate of pay account of this
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.
At 4:30 AM on Wednesday, January 7, 1987, DUPX 6969 arrived at Carrier's Blue Island Yard. When inspected, the car was found to be off center
on the A end. At 10:15 AM, it was switched to a reclassification track where
it stayed for approximately 8 hours. At approximately 4:30 PM a wrecking crew
was called out to re rail CR 580342 which was on the ground on the west end of
Track No. 10. When the crew completed its wrecking work, shortly after 6:00
PM, it was ordered to put DUPX 6969 back on center.
The Organization claims that using the wrecking crew to repair DUPX
6969 was in violation of Rule 7 (c) of its Agreement, reading:
"(c) Employees called or required to report for
work and reporting will be allowed a minimum of 4
hours for 2 hours and 40 minutes or less, and will
be required to do only such work as called for or
Form 1 Award No. 11718
Page 2 Docket No. 11558
89-2-88-2-37
other emergency work which may have developed after
they were called and cannot be performed by the
regular force in time to avoid delays to train
movement."
From the facts of record it is obvious that the wrecking crew was
called for a retailing operation and that effecting repairs to DUPX 6969 was
not emergency work which developed after they were called or could not have
been performed by the regular force. Accordingly, the Agreement was violated.
The Claim will be sustained.
A W A R D
Claim sustained.
_ NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of May 1989.