Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12267
SECOND DIVISION Docket No. 12264-I
92-2-91-2-52
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Patrick E. Casale
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
1. That at North and South Carolina on Carrier property on September
22, 1989 through October 6, 1989, CSX-T violated the provisions of the Controlling Labor Agreement when CSX-T assigned outside sources (Contractors, TCU
Communications Workers, Clinchfield and former C & 0, B & 0 Communication Maintainers, and other personnel) to perform (SCL) communications work, specifica-Ily constructing, installing, repairing, maintaining, inspecting, testing and
removing of Company owned: communication lines and their supports, wires and
cables, telephone telegraph, teletype, switchboards, communication equipment,
together with all appurtenances, devices, apparatus and equipment necessary to
said systems and devices as named herein, and other work generally recognized
as Communications Maintainers' work instead of calling communications employees represented by the undersigned who were available for work on said
dates.
2. That communications employees, A. W. Gillespie, ID #197687, S. R.
Mathis, ID #197587, J. W. Messer, ID #175359, T. K. Dunkle, ID #197763, A. D.
Williams, ID #175017, T. L. Richter, ID #187913, R. S. Cain, ID #122977, S.
Bradshaw, ID #125140, J. B. Messer, ID #123681, P. W. Casale, ID #197590, and
P. J. Crumpler, ID #195643, be compensated for five (5) hours each day
September 22, 1989 through October 6, 1989 at the overtime rate account of
outside sources assignment to perform (SCL) communications work was in violation of said rules on above listed dates.
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.
Form 1 Award No. 12267
Page 2 Docket No. 12264-I
92-2-91-2-52
The basic facts in this case are set forth as follows: By letter
dated November 21, 1989, the Organization filed a Claim wherein it contended
that Carrier violated the Controlling Agreement when outside "sources" were
assigned to communications work. Specifically, the Organization charged that
Carrier violated Rule 29 (a), Assignment of Work and Rule 1(a), Classification
of Work Rule - Communications Maintainer, when said sources were used, notwithstanding the availability of communication maintainers. By letter dated
January 15, 1990, Carrier denied the Claim on the grounds that Claimants were
under pay on the Claim dates and, in addition, working overtime and more important, an emergency condition (Hurricane Hugo) dictated the use of outside
forces. By letter dated March 7, 1990, the Organization reiterated its initial Claim letter position, emphasizing in particular that Claimants were deprived of contractually provided work. As the Claim further progressed, the
parties positions remained the same, but Carrier's denial letter of September
13, 1990, noted the payroll records for Claimants for the time period
September 22, 1989, through October 6, 1989. It also referenced several Third
Division Awards with respect to managerial latitude during emergency conditions. (See for example, Third Division Awards 12777, 13858, 13626, 19140 and
12299, et al). Notice of Ex Parte Submission was filed by one of the Claimants and said individual subsequently filed a formal submission. Carrier
responded that Claimant lacked authority to appeal the Claim on behalf of the
other nine Claimants. It cited Second Division Award 11104 and First Division
Award 20953 as controlling authority. It also noted that except for one
Claimant who was on vacation on four of the Claim dates, all the rest performed emergency service necessary to restore the communications system from
September 22, 1989, through October 6, 1989.
In considering this case, the Board concurs with Carrier's position.
To be sure, there is always a demarcation point when an emergency ceases and
the contract foresquarely governs, but we find in this instance that a
sustained serious emergency existed. Hurricane Hugo struck the Carolinas on
September 20, 1989, and wreaked widespread devastation on Carrier's communications facilities. This systemic destruction necessitated extensive overtime
usage of communications employees as well as the utilization of outside forces
and communications employees from other points of the former SCL. We find
nothing in the on-situs appeals correspondence to refute this emergency damage
assessment and accordingly, consistent with the decisional precedents of the
Board, we must find for Carrier. There is no evidence that Carrier's actions
were designed to evade the application of the Controlling Agreement.
A W A R D
Claim denied.
Form 1 Award No.
12267
Page 3 Docket No.
12264-I
92-2-91-2-52
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _
Nancy J AiWID er - Executive Sec etary
Dated at Chicago, Illinois, this 26th day of February
1992.