Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12095
SECOND DIVISION Docket No. 11966
91-2-90-2-78
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen/ Division of TCU
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
1. That the Southern Railway Company violated Rule 135 and Article
VII - Wrecking Service, of the Current Agreement when the carrier failed to
call Cayman A. E. Foster (Senior Derrick Engineer) and Cayman E. Dawson (No. 2
Senior Groundman) when the Macon derrick was called at approximately 2:00 p.m.
on December 5, 1988 for a derailment at Midville, Georgia.
2. That accordingly, the Southern Railway Company be ordered to pay
Carmen A. E. Foster and E. Dawson three (3) hours pay at the overtime rate for
the Company's violation of Rule 135 and the Wrecking Service Agreement of
December, 1974, Page 89 of the Current Agreement.
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 December 5, 1988, a locomotive derailed at Midville, Georgia. The
record shows that the on-duty Macon, Georgia derrick crew was notified to
prepare its equipment for possible movement. However, the Savannah Shop
forces were dispatched to the site of the derailment and, in fact, rerailed
the locomotive. Given these facts and in light of the fact that the Macon
derrick actually did not depart the yard (and, thus, did not perform any
work), the Claim lacks merit and must be denied.
A W A R D
Claim denied.
Form 1 Award No. 12095
Page 2 Docket No. 11966
91-2-90-2-78
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 24th day of July 1991.