On April 25, 1996, at approximately 11:30 P.M., a Supervisor not covered by the Agreement drove to Oneonta, New York, to investigate trouble on Train 271 en route from Saratoga, New York. Following his inspection of the problem, the Supervisor cut out the air from two cars, and accompanied the train the remainder of its trip to Binghamton Yard. On May 5, the Organization filed the instant claim, which was denied on May 17, 1996, and subsequently progressed in the usual manner, including conference on the property, after which it remained in dispute.
A review of the record before the Board yields convincing evidence that the Supervisor was, in fact performing Carmen's work. Moreover, the Carrier asserted, but has not proven, that there was an emergency. The Organization contended in its correspondence on the property that no such emergency existed, and the Carrier did not buttress its statement that an emergency actually existed by presentation of further evidence. Accordingly, the Carrier violated Rule 43.2 when it allowed an employee nest covered by the Carmen's Agreement to perform the work at issue. Thus, some compensation is due Claimant. (Second Division Awards 6635, 10715, 12295).
Notwithstanding the foregoing, however, the Organization did not prove that its estimation of the time taken to perform the disputed work was accurate. The Carrier contended that the actual amount of time involved was minutes, rather than hours. The Organization has not shown that the Carrier's estimate was incorrect. Accordingly, the Board will follow long-established tradition in such cases and award the Claimant a call. See Second Division Awards 7594, 8029, 10714.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.