"1. That the carrier is in violation of Rule 142k of the controlling agreement when they work an outside contractor (Hulcher) and only used six of the sixteen wreck crew members assigned by the carrier.

2. That the carrier be made to compensate Claimants D. R. Myers, C. R. Jack, D. L. Talley, J. L. Campbell, Jr., P. G. Mohler, W. E. Whetzel, J. E. Wagoner, S. P. McKenzie, G. L. Ritchie and G. L. McKenzie seven (7) hours time and one-half for the violation of Rule 142h."

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 employe 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.

On January 19, 1989, at Cumberland, Maryland, two tank cars derailed in the yard. Carrier called for an outside contractor and also utilized six of 16 members of its wrecking crew. Carrier asserts that it called all regularly assigned wrecking crew members, but that, for various reasons, only six accepted the assignment. The Organization maintains that Carrier's actions violated Rule 142§ of the Agreement, which states:

Based on our review of the record, we find that Second Division Award 12634 is dispositive of the instant claim. As in that case, Carrier offered mere assertions in support of its contentions that it complied with Rule 1421 calling requirements. Absent probative evidence that Carrier did in fact call all 16 wrecking crew members, we must sustain the claim. The ten Claimants are to be compensated, however, at the pro rata, straight time rate.

AW A R D