Firemen and Oilers was advised of the pendency of this dispute, and filed a Submission with the Board.
The events giving rise to the instant claim are undisputed. On November 1, 1988, at 2:00 A.M., L&N 24947 derailed within the Carrier's Raceland Car Shop facility in Raceland, Kentucky. At 6:30 A.M. the Carrier assigned two Laborers to retail the car. The retailing was accomplished without the use of a wreck derrick or a crane.
The Organization claims that Carmen have exclusive rights to retail cars under Rule 158 which provides as follows:
In support of its claim that the Carrier violated Rule 158, the organization focuses on the second sentence of Rule 158 which states: "For wrecks or derailments within yard limits, sufficient carmen will be called to perform the work."
The guiding principles in interpreting contractual language are all too familiar. The writing is to have a reasonable construction. Disproportionate emphasis on a single sentence does not serve the purpose of interpretation. Thus, the literal sense of the terms of the second sentence in Rule 158 may be qualified by the context. Moreover, the significance of part of the writing is determined by a consideration of all of its parts. In addition, the overall standard of interpretation is the meaning that would be attached to the integration by a reasonable intelligent person.
In light of these principles, this Board turns to an interpretation of Rule 158. Both Rule 158 and Rule 157 are found under the heading of "Wrecking Crews." Thus, these Rules specifically address wrecking work. Rather than severing the second sentence of Rule 158 from the text of Rule 158 and isolating it, this Board concludes that the terms of both sentences become operative when a wrecking crew is called for wrecks or derailments outside of or within yard limits.
The Board concludes that as with the first sentence of the Rule, the second sentence becomes operative "[W]hen wrecking- crews are called for wrecks or derailments." However, unlike the first sentence which refers to wrecks or derailments outside of yard limits, the second sentence applies to wrecks or derailments within Form 1 Award No. 12516
yard limits. Outside of yard limits, the first sentence indicates that a sufficient number of the regularly assigned crew will accompany the outfit." By contrast, the second sentence provides that sufficient Carmen will be called to perform the work, as part of the wrecking crew.
Support for this interpretation is found in Second Division Award 6030 involving the parties in this dispute. In that case, the Carrier used a Maintenance of Way RC-18 crane and its operator and helper to assist the wrecking crew in clearing the track. The organization contended that- "The utilization of M. of W. equipment and employees to assist carmen in the re-railment of a train was a violation of the Agreement between the parties." The Board framed the issue to be resolved in Second Division Award 6030 as follows: "...whether, under the circumstances and under the interpretation of the second sentence of! Rule 158, claimants (Carmen) had the exclusive right to perform the work in question."
The Board sustained the claim while citing various Awards which, establish that Carmen do not have the exclusive right to work under Rule 158 except when the wrecking crew and wrecking equipment are called to perform the work. 'The Board stated:
Furthermore, Second Division Award 4337 (involving a dispute between the Carmen and the Baltimore and Ohio Railroad Company) interpreted language identical to the language contained in Rule 158. The Board stated:
Rule 158 is not a Classification of Work Rule which gives Carmen exclusive jurisdiction to all retailing work. It is a "when called" Rule, the application of which requires the Carrier to call and use the wrecking crew and wrecking equipment. In doing so, under Rule 158, the Carrier is required to augment the wrecking crew with "sufficient carmen" who are "called to perform the work."
In the instant case, Laborers, who were assigned to retail the car did so without use of a wreck derrick or a crane. Accordingly, there is no support in Rule 158 to sustain the instant claim.
Moreover, the record establishes that the Carrier's practice has been to use Laborers and other crafts to retail cars within the limits of its shops when wrecking equipment is not used. Form 1 Award No. 12516