The Organization alleges Rule violation wherein the Carrier failed to call the relief outfit crew from Tucson to rerail Locomotive SP 6842. The Organization argues that the Carrier should have utilized the entire Tucson relief outfit crew, but instead utilized only two crew members and then assigned two other Carmen from Yuma to the rerailing. Accordingly, the Organization requests compensation for the two Claimants who were regularly assigned to the relief outfit crew, but were not called to rerail the locomotive. It supports its position by noting that the Pettibone mobile crane was utilized in the rerailing.
The Carrier denied any Rule violation as the work was "emergency road work" and not "relief outfit" work. The locomotive derailing was at a location which was not essential, as it did not block main line movement. The Carrier asserts therefore that it was not an emergency, did not come under Rule 15, and the Carrier was not required to assign the relief outfit crew. The Carrier further argues that although the Pettibone mobile crane was used, that usage did not make it relief outfit work.
The Board has carefully studied the Rules as they are related to the instant facts and proof. Under these circumstances the Board finds no Rule violation. The Board finds no language in Rule 111(b), Award support, or probative evidence obligating Carrier to call the entire relief outfit. Rule 111 (b) states that:
The Organization's primary argument is that since this was a derailment and the Pettibone mobile crane was used, then this required the relief outfit to be called. The Board finds no language supporting that interpretation. There is no evidence in this record that the relief outfit was called by the Carrier. in fact, they were not. Rule 111(b) comes into effect only when they are called. There is no evidence presented on property for this Board to conclude that the use of the Pettibone crane to rerail the locomotive thereby defines the work as wrecking service, and therefore requires the relief outfit to be called under the Rule, supra. Nor is there sufficient probative evidence of practice on this property to support the Organization's claim. Accordingly, the claim must be denied (Second Division Awards 10258, 11988).
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.