Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11906
SECOND DIVISION Docket No. 11685
90-2-88-2-169
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:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That the Burlington Northern Railroad Company violated the terms
of our current Agreement, particularly Rule 119 when they failed to call
Memphis Carmen P. E. Miller, L. P. Barroni and W. R. Myers for a derailment at
Kennett, Missouri on March 23, 1987.
2. That accordingly, the Burlington Northern Railroad Company be
ordered to compensate the above named claimants in the amount of forty-three
and nine-tenths (43.9) hours each at the time and one-half (1.5) rate for
their rate and class.
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.
Prior to March 20, 1970, Carrier had in service at its Memphis terminal a 250 ton wrecking derrick. Six Carmen were assigned to the derrick as
members of a wrecking crew. Effective on or about March 20, 1970, a Holmes
RC-50 rubber tired truck crane was placed in service at Memphis to adjust
shifting loads and move cars from track to track within the terminal. On
occasion the mobile unit was to be used outside the terminal in wrecking service. On November 12, 1970, an understanding was reached with the Organization that when used in such circumstances two groundmen from the wrecking
board would be assigned, on a rotating basis, to accompany the unit.
Form 1
Page 2
Award No. 11906
Docket No. 11685
90-2-88-2-169
In 1979, the Holmes RC-50 crane was replaced by a 125 ton rubber
tired truck crane. When this unit was used outside Memphis terminal limits in
wrecking service the practice of selecting groundmen from the wrecking board
remained in effect.
In August 1983, the Memphis wrecking derrick was transferred to
Denver. The wrecking board at Memphis was not abolished when the equipment
was transferred. It was retained as a means of distributing the work of
groundmen when the 125 ton crane was utilized in wrecking service outside
terminal limits.
On March 27, 1987, the 125 ton crane was dispatched to Kennett,
Missouri to work on a wreck. Three Carmen from the wrecking board accompanied
the unit. The Organization contends that Rule 119 of its Agreement was violated because the entire crew, six members, were not called. Rule 119 reads:
"Wrecking Service.
When wrecking crews are called for wrecks of
derailments outside of yard limits, the regularly assigned crew will accompany the outfit.
For wrecks or derailments within yard limits,
sufficient carmen will be called to perform the
work where wrecking outfit is used."
In support of its arguments, the Organization points out that the
wrecking crew at Memphis was never abolished and that the 125 ton rubber tired
unit replaced the wrecking derrick, thus when it is used outside yard limits
the entire crew must be assigned. The Organization recognizes that previously
when the rubber tired unit was used only two groundmen were assigned, but
argues that if this established a practice, it nonetheless is contrary to
clear and unambiguous contract language and, as such, the Rule must be enforced.
Carrier acknowledges that the wrecking crew was not abolished when
the 250 ton derrick was transferred because it continues to be a source for
assigning carmen to work at wrecks and derailments when outside contractors
are used under authority of Article VII of the December 4, 1975 National Agreement. Also, the Agreement made with the Local Committee in 1970, requiring
that Carrier draw two groundmen from the wrecking board to travel with the
truck crane, remained in place after the 250 ton derrick was removed from
Memphis. However, it argues that continuation of the crew does not now require that all members accompany the rubber tired unit when it leaves the
terminal.
It is clear that in late 1970 an understanding was reached that two
groundmen would accompany the rubber tired crane when it left the terminal for
wrecking service. It is also clear that the groundmen selected were to be
picked from the wrecking crew. These practices continued after the initial
vehicle was replaced and they were also continued after the 250 ton wrecking
derrick was removed from Memphis. These practices were not inconsistent with
the Agreement when they were instituted and they are not deemed to be inconsistent with the Agreement now that the wrecking derrick has been relocated.
Form 1 Award No. 11906
Page 3 Docket No. 11685
90-2-88-2-169
The Claim is without merit and will be denied.
A W A R D "
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
044000'az
Attest: __
ancy J. a -Executive Secretary
Dated at Chicago, Illinois, this 1st day of August 1990.