Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11825
SECOND DIVISION Docket No. 11579
90-2-88-2-62
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(The Baltimore and Ohio Chicago Terminal Railroad Company
STATEMENT OF
CLAIM:
1. That the Baltimore and Ohio Chicago Terminal Railroad Company
(CSX Transportation) violated the terms and conditions of the current working
Agreement, specifically Rule 22, when .General Car Foreman C. E. Mewshaw
ordered the Barr Yard Wreck Truck and three (3) Carmen to Forest Hill to
perform a rerailing operation on Car RTTX 252441 on April 25, 1987.
2. That the Baltimore and Ohio Chicago Terminal Railroad Company be
ordered to compensate Carmen A. Ruscetti, M. Giera and I. Gamboa eight (8)
hours' pay each at the time and one-half rate of pay account of this Rule 22
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.
Carmen working South of 95th Street are in the Calumet Seniority
District. Carmen assigned North of 95th Street are in the Chicago District.
Forest Hill is located in the Calumet District. Barr Yard is located in the
Chicago District. Both locations have wrecking crews. The wreck truck
assigned to the crew at Barr Yard, though, carries a Hoesch hydraulic jack.
Similar equipment is not assigned to the Forest Hill crew.
Form 1 Award No. 11825
Page 2 Docket No. 11579
90-2-88-2-62
On April 25, 1987, a flat car loaded with two trailers derailed at
the Forest Hill Yard. Both ends were on the ground and the car was leaning at
a twenty degree angle. The Foreman on duty at Forest Hill believed that the
car could not be rerailed with the retracker equipment available at that location. He phoned Carrier's Mechanical Superintendent and described the problem
to him. The Superintendent dispatched the crew from Barr Yard to the scene
and the car was rerailed with the Hoesch hydraulic jack.
The Organization filed a Claim on behalf of Forest Hill Carmen contending that Carrier violated its Agreement when Barr Yard Carmen were used in
this rerailing operation. The Organization argues that Forest Hill Carmen
could have been able to rerail the car with the tools at hand. It contends
that derailed cars in worse condition have been rerailed without problems. It
also contends that the Supervisor who decided that special equipment was
needed was not on the scene and did not personally assess the problem. Also,
that the use of the Hoesch hydraulic jack, if anything, increased the amount
of time necessary to do the work. It also disputes that any special understanding exists whereby Barr Yard wreck crews are allowed to work on derailments outside their seniority district.
The Carrier contends that a "local" understanding exists with the
Organization, as well as a past practice, that the Barr Yard wrecking crew and
equipment could be used on either seniority district when special equipment is
required for a rerailing operation. It points out that in the past, when a
wreck derrick was assigned on the B&OCT, it was stationed at Barr Yard and
manned by a Barr Yard crew. This crew and derrick handled derailments at any
point on the property, without objection from the Organization. When the
Hoesch equipment replaced the derrick it, too, was stationed at Barr Yard and
manned by the Barr Yard Wreck Crew.
With regard to the issue of whether the April 25, 1987 derailment
required special equipment, or could have been rerailed by Forest Hill Carmen,
Carrier contends that this is pure speculation and second guessing on the part
of the Organization. The Supervisor who made the decision, it is argued, has
considerable experience in such matters, was familiar with the location and
after considering the Foreman's advice, position of the car, the weight involved, ground conditions, etc., exercised his experienced judgment that
Hoesch hydraulic equipment would be necessary. It was his responsibility to
make the final decision and it had ought not now be questioned on the basis
that Forest Hill Carmen rerailed cars in "worse shape," including an overturned car, without special equipment. (Carrier expresses difficulty in comprehending how the Forest Hill Crew was able to reset an overturned car "without the aid of special equipment.")
From the evidence in the record it is our view that a well defined
past practice exists that when special equipment was required for a rerailing
operation, in either seniority district, the Barr Yard Crew, to which the
equipment was assigned, was used. It is manifestly apparent that when a wreck
derrick was assigned on the B&OCT it was assigned to Barr Yard and was used in
both districts. There was only one wreck derrick and when it was replaced
with the Hoesch hydraulic jack, special rerailing equipment continued to be assigned to Barr Yard. Thus, while the equipment was changed the function of
the crew remained the same.
Form 1 Award No. 11825
Page 3 Docket No. 11579
90-2-88-2-62
On the issue of whether the Hoesch equipment was not actually needed
in this particular rerailing operation, the burden would be on the Organization to establish this point. It is clear that if the derailment were minor
and special equipment was not needed, the work, by Carrier's own admission,
would belong to Forest Hill Carmen. However, a decision was made that the
derailment was not minor, and special equipment was required to safely place
the car back on the track. The Organization must establish that this decision
was improper and somehow resulted in an Agreement violation. This it has not
done.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 7th day of March 1990.