The Second Division consisted of the regular members and in addition Referee Elliott H. Goldstein when award was rendered.
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 November 29, 1988, at approximately 9:00 A.M., CSX Train 8300 derailed with 29 cars near Virginia State Farm, milepost 25. At 10:00 A.M., Carrier called Hulcher Rerail Service, an outside wrecking contractor, for equipment and a ground force of ten men. At about 11:00 A.M., Carrier called a wrecking crew from Clifton Forge, Virginia, which is located 150 miles from the derailment site. The Clifton Forge wreck crew arrived at Virginia State Farm at 8:30 P.M. At 3:30 P.M. Carrier called four out of 11 assigned wrecking crew members from Richmond, Virginia, which is only 30 miles away from the derailment site. The Organization contends that the Richmond crew was the most reasonably accessible to the derailment.
The four Richmond wrecking crew members worked on the derailment until 5:00 P.M. The Organization notes that the outside contractor continued working to clear the derailment until 11:00 A.M. on December 1, 1988.
The Organization contends that Carrier violated the service rights of the Claimants and the provisions of Rules 157 and 158 of the Agreement and Article VII of the December 4, 1975 National Agreement by not allowing the Claimants who were called to the derailment to stay and complete work on the derailment with the contractor and, further, that Carrier failed to call all available members of the Richmond wrecking crew to the derailment.
Carrier argues that there is no Rule or Agreement provision which would prohibit it from assigning one wrecking crew to work with a contractor and then calling in an additional wrecking crew, or portion thereof, to augment forces.
Carrier asserts that it elected to accomplish the work in the most expedient manner and did not violate the Agreement in doing so.
We concur with the Carrier's view. As the moving party, the Organization shoulders the burden of proving the elements of its claim. The Rules cited herein only require that a regularly assigned crew accompany a wrecking outfit when it is called to derailments outside of yard limits. Carrier did this in the instant case. The organization failed to cite any Rule or Agreement violation which would prevent Carrier from augmenting its wrecking force or from assigning forces as it did in this Form 1 Award No. 12640