Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12029
SECOND DIVISION Docket No. 12007
91-2-90-2-132
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM:
1. That the Carrier violated the terms of the controlling agreement
between the Southern Pacific Company and the Organization, Rule 15, when the
Carrier failed to compensate Carman J. H. Pope the appropriate compensation.
2. Accordingly, the carrier be ordered to comply with the provisions
of the Agreement and allow the Claimant four (4) hours additional pay for each
of the dates, July 27 and 28, 1989.
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 Claimant had performed work on a derailment on July 11 and 12,
1989. On July 27, 1989, he was sent back to the same site, and performed
repair work to the same cars.
The Organization contends that the Claimant performed work on the
same "wreck" and therefore his work was as much "wrecking service" as the work
performed sixteen days earlier and, accordingly, he should have been compensated at a higher rate of pay.
The Carrier denied the Claim, asserting that the Claimant merely
performed his regular and routine repair duties, and the fact that he performed work on cars that had been previously involved in the derailment does
not convert the work into "wrecking service" or related work.
Form 1 Award No. 12029
Page 2 Docket No. 12007
91-2-90-2-132
We have reviewed Second Division Award 10887 which we feel is controlling here. We find nothing of record to suggest that the work in question
was other than normal road work.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
00~g
ancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 13th day of March 1991.