Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No.12483
Docket No. 12089
92-2-90-2-190
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/ Division of TCU
PARTIES TO DISPUTE: (
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM:
1. That the Elgin, Joliet and Eastern Railway Company violated
the current working Agreement, when they did not call Cayman J. Leigh out
on overtime for wrecking service outside of Yard Kirk Limits.
2. That the Elgin, Joliet and Eastern Railway Company be ordered
to compensate Cayman J. Leigh (hereinafter referred to as Claimant) who
was available qualified, and willing to perform the work, for two hours
and forty minutes (2:40) at punitive rate of pay as required by Rule SO
and 97, of the current working Agreement.
FINDINGS:
The Second Divisicn 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 dp_spute waived right of appearance at hearing
thereon.
This Claim involves an allegation that Claimant should have
been called for wrecking seevice on June 17, 1989. The facts of record
establish that when the engine rerailing incident triggering the Claim
occurred, Carrier dispatched the wreck truck and two Carmen to the site
and the engine was rerailed. The third regular member of the mobile crane/
wreck truck crew had reported off duty that date because of illness and
his job was blanked. The Carrier contends that blanking positions in
such circumstances is in accord with a local Agreement.
Form 1
Page 2
Award No. 12483
Docket No. 12089
92-2-90-2-190
The Organization has not demonstrated that the existing practice
was not followed in this matter. Moreover, it has not demonstrated that
work subject to its Agreement was performed by strangers to the Agreement.
Additionally, there is no showing that the two regular members of the
mobile crane/wreck truck crew that were sent to the scene needed additional
Carmen help in completing the task of getting the engine back on track.
This Claim is without merit.
A W A R D
Claim denied.
Attest:
( Z
ancy J.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Executive Secretary
Dated at Chicago, Illinois, this 18th day of November 1992.
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