Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11956
SECOND DIVISION Docket No. 11765
90-2-89-2-76
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:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM:
1. That the St. Louis Southwestern Railway Company violated the
controlling agreement, particularly Rules 7, 20 and Addendum No. 7, when they
arbitrarily permitted carmen from another railroad (Southern Pacific) to
perform wrecker work at Longstreet, Louisiana beginning on October 3, 1987
through October 6, 1987, instead of using their own carmen from Shreveport,
Louisiana, who, by agreement, are entitled to perform this work.
2. That accordingly, the St. Louis Southwestern Railway Company be
ordered to compensate the following carmen at the straight time rate for the
number of hours listed next to their names: E. A. Evans, 72 1/4 hours; C. A.
Gilcrease, 6 1/4 hours; Bob Spencer, 66 hours; W. Fuller, 66 hours; J. W.
Gilcrease, 66 hours; R. V. Barteet, 66 hours.
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.
On April 19, 1966, The Southern Pacific Company - Texas and Louisiana
Lines with the St. Louis Southwestern Railway Company entered into a Washington Agreement, Implementing Agreement, with System Federation No. 45 and
System Federation No. 162, which provided that effective April 20, 1966, online Mechanical and Car Department repair work from Shreveport, Louisiana, to
and including Joaquin, Texas, would be performed by Mechanical Department
forces of the SLSW Railway Company.
Form 1 Award No. 11956
Page 2 Docket No. 11765
90-2-89-2-76
On October 3, 1987, a derailment occurred at Longstreet, Louisiana.
Longstreet is on the line between Shreveport and Joaquin. Southern Pacific
Carmen were dispatched to the site to work on the derailment and were used to
relocate equipment and cargo. SLSW Carmen filed Claim contending that they
were entitled to the work.
Carrier has defended against the Claim on a variety of grounds. It
argues that an emergency was present and that under the terms of the April 19,
1966 Agreement, on-line repair work was not intended to cover wrecking service. It further argued that the Southern Pacific Carmen used had preference
to the work.
We do not find Carrier's defenses persuasive. If it was intended to
have SLSW Carmen protect only a part of the work which may develop on the line
between Shreveport and Joaquin then such intent must be clearly expressed in
the language of the Agreement. As we read the Agreement, on-line repair work
also encompasses on-line repair work connected with derailments. The Agreement was violated when Carmen, working under a different Agreement were used
on the October 3, 1987, derailment.
The Claim will be sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _ _
Nancy J. a -Executive Secretary
Dated at Chicago, Illinois, this 28th day of November 1990.