From 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12343
- SECOND DIVISION Docket No. 11900
92-2-90-2-5
The Second Division consisted of the regular members and in
addition Referee Jahn C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
1. That the Atchison, Topeka and Santa Fe Railway Company violated
the provisions of the September 1, 1974 Agreement, as amended, specifically
Rule 12-2(a), by improperly instructing, allowing and/or permitting Car
Inspector A. Galvan assigned to the train yard to go with the emergency road
truck as an additional carman in place of Carman C. R. Waldrop, assigned to
the repair track, when Carman Waldrop was available, qualified and willing to
go as the additional carman.
2. That accordingly, the Atchison, Topeka and Santa Fe Railway
Company be ordered to compensate Carman C. R. Waldrop in the amount of nine
(9) hours at his pro rata rate of pay for violation on September 13, 1988.
FINDINGS:
The Third 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.
It is not disputed that on the date of claim, the Claimant was the
low man (i.e. had the fewest number of overtime hours worked) on the first
shift overtime board. As such he was entitled to be called for the overtime
work involved in this Claim. Carrier contends, though, that its supervisors
were not responsible for the bypass and subsequent use of the wrong Carman to
accompany a truck driver and travel to Hereford, Texas, to re-rail an engine.
It maintains that the Lead Car Inspector has historically assumed the responsibility for determining the proper person to be called and making the overtime
calls upon receipt of advice from a supervisor that overtime work was necessary. It argues that in such circumstances it cannot be held liable for
actions over which it had no control.
Form 1 Award No. 12343
Page 2 - Docket No. 11900
92-2-90-2-5
The Board does not agree. Carrier's placement of responsibility to
make Carmen overtime calls with a Lead Car Inspector is no different from
placement of similar responsibilities with a supervisor or crew caller. Whoever is delegated these responsibilities is acting as Carrier's agent, is
expected to do such calling properly and in the event an error occurs is
responsible for the error, which responsibility becomes the liability of the
Carrier, because the calling was done by its agent.
The Claim will be sustained for 8 hours at pro-rata rates. However,
it is noted that the herein Claimant was also a Claimant involved in a different Claim involving a different issue for the same date as the Claim date
here, which was sustained in our Award 12018. Claimant is not entitled to two
payments for September 13, 1988. Thus, if Carrier has made payment under
Award 12018, nothing additional is due Claimant in this Award.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BARD
By Order of Second Division
P4
me
Attest: .4 ~~g A~
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 10th day of June 1992.