"1. That the Chesapeake & Ohio Railroad Company (CSX Transportation, Inc.) (hereinafter 'carrier') violated the controlling Shop Crafts Agreement, specifically Rule 158, by utilizing members of the train crew to perform the duties and work of the Carman craft on May 20, 1990, when members of the craft were available, willing and qualified to perform that work.

2. That accordingly, the Chesapeake & Ohio Railroad Company (CSX Transportation) be ordered to additionally compensate Carman Keith Ison and Carman Cecil Woods in the amount of two (2) hours and forty (40) minutes call each at carman time and onehalf hourly rate of pay for the violation on May 20, 1990."

As Third Party in Interest, the United Transportation Union was advised of the pendency of this dispute, but did not file a Submission with the Board.

The organization is alleging that its Agreement was violated when a caboose was rerailed on May 20, 1990, in the Big Four Yard, Russell, Kentucky. The facts involved indicate that the train crew assigned to this caboose used wooden blocks and their locomotive to pull the caboose back upon the rail. This Board has held many times that it is not an Agreement violation when a train crew performs simple rerailing of locomotives, cars or cabooses in their own trains without additional assistance. For example in Second Division Award 8650, we held that "rerailing without the use of special equipment is not exclusively Carman's work." The organization has not demonstrated that the Agreement was violated.

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