Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
Award No. 12040
SECOND DIVISION Docket No. 11662
91-2-88-2-158
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
(Brotherhood Railway Carmen/ Division of TCU
PARTIES TO DISPUTE:
(Boston and Maine Corporation
STATEMENT OF CLAIM:
1. That the Boston and Maine Corporation violated the provisions of
the controlling Agreement, namely Rules 112 and 113 and the posted and agreed
to wreck crew list, on April 9, 1987 by not allowed the regularly assigned
wreck crew to accompany the East Deerfield wrecker to a derailment at Bangor,
Maine.
2. That accordingly, the Carrier additionally compensate Cayman W. E.
Fulton eight (8) hours at the time and one-half rate and five (5) hours and
thirty (30) minutes at the double time rate of pay and Cayman J. D. Hartnett
five (5) hours and thirty (30) minutes at the time and one-half rate of pay
for said violations.
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.
This Claim arises from the same derailment on April 8, 1987, at
Bangor, Maine, which has given rise to the Claims in Second Division Awards
12037 and 12038. In that incident, an engine derailed on the property of the
Springfield Terminal Railway Company which, lacking the equipment necessary to
clear the wreckage, contracted with the Carrier to use the Carrier's wrecker
and some of the Carrier's wreck crew from East Deerfield, Massachusetts. One
of the Carrier's carmen travelled with the wrecking equipment to serve as
Crane Engineer. Three additional Carmen (two short of a regular crew) were
sent some ten hours later by Carrier vehicle.
Form 1 _ Award No. 12040
Page 2 Docket No. 11662
91-2-88-2-158
In Second Division Award 12037, the Organization sought compensation
for the two East Deerfield Carmen, also the Claimants herein, who would have
been called to accompany the Carrier's wrecker to Bangor if the Carrier had
sent a full, regular crew. The Board sustained the Claim in Second Division
Award 12037 based on Rules 112 and 113 which, we held, require the Carrier to
send a full wreck crew if it sends anyone at all when its wrecker ventures
outside of yard limits to clear a derailment. Rule 113 states:
"MAKE-UP WRECKING CREWS
When wrecking crews are called for wrecks or 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."
In this Claim, the Organization seeks additional compensation for the
same Claimants, as if they had not merely accompanied their three colleagues,
but had accompanied the wrecker itself and the single Cayman who travelled
with it. Based upon the rationale which the Board has employed in deciding
Second Division Awards 12037 and 12038 this Claim must also be sustained.
In those cases the Board observed that, when the Carrier's wrecker
moves outside of yard limits, Rule 113 normally obliges the Carrier to send a
full crew with the wrecker. However, we held that in a case like this, where
the Carrier is functioning as a contractor to another carrier, the Carrier is
not required to send a crew unless and until it accepts a request from its
client to send crew members. As soon as it accepts request to send any crew
members, though, the Carrier becomes obliged by Rule 113 to dispatch a full,
regular crew.
This means that, in this instance, where the Carrier accepted a request to send at least one crew member to the Springfield Terminal property
with the equipment itself, the Carrier should have sent all the regular crew
members at the same time. Therefore, the Claimants are entitled to compensation as if they had been sent to Bangor at 1400 hours on April 9, 1987, when
the wrecker and the first Cayman departed the East Deerfield yard.
The Carrier argues that, even if the Board agrees with the Organization, this Claim should be denied because it is redundant, at least in part,
of the Claim in Second Division Award 12037. We agree that the relief
described above is encompassed within the Second Division Award 12037.
However, that does not necesssitate that this Claim be denied. In this Award
the Board merely reiterates and clarifies what the Claimants are due but, in
doing so, emphasizes that it does not intend that the Claimants receive a
double recovery.
A W A R D
Claim sustained in accordance with the Findings.
Form 1 - Award No. 12040
Page 3 Docket No. 11662
91-2-88-2-158
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
1-0/0
Attest:
Nancy J. e^r - Executive Secretary
Dated at Chicago, Illinois, this 1st day of May 1991.