Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13388
Docket No. 13298
99-2-97-2-69
The Second Division consisted of the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore & Ohio
( Railroad Company)
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. The Carrier willfully violated Rule 141, Rule 142'/2., and the Hoesch
Truck Call Procedure Agreement dated January 1, 1994 by failing
to dispatch Carman R.G. Barnett for rerailing duties in Queensgate
Yard on April 15, 1996.
2. The Carrier shall now be required to compensate R.G. Barnett four
hours forty five minutes (4:45) at the time and one-half rate of pay
($113.64) for Monday April 15,1996, which he would have received
had he been contractually called."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form 1 Award No. 13388
Page 2 Docket No. 13298
99-2-97-2-69
Parties to said dispute were given due notice of hearing thereon.
On the claim date, the Carrier utilized three Carmen from the shops to rerail a
car derailed in the Queensgate Bowl Yard. To complete the assignment, each worked
four and one-half hours beyond the end of the first shift.
Claimant was assigned to and worked first shift to inspect inbound cars.
The original claim contended a local understanding titled the "Hoesch Truck Call
Procedure" was violated when Claimant was not called to work the four and one-half
hours overtime. Two of the three Claimants had been members of the Hoesch Truck
Crew. Claimant, who had been part of that crew, believed he should have been called
to work the overtime in lieu of the third employee utilized who was not a part of that
crew. On appeal, the Organization also cited Rule 142'% pertaining to the Carrier's
obligation when it contracts wrecking service. There is no evidence that the Carrier
contracted with any outside agency to rerail the car. Rule 142'/2 is not applicable, nor
for that matter is the "Hoesch Truck Call Procedure." There is no "Hoesch Truck"
assigned at this location. Item 1 of the Agreement reads:
".
. . Hoesch truck will be called out for the purpose of rerailing cars &
trucks . . . ."
Item 2 reads:
".
. . Three (3) CDL qualified drivers will accompany the hoesch
truck ...."
In this instance, there is absolutely no indication what equipment, if any, was
utilized in the derailment, contracted for or borrowed, from another section of the
Carrier. All that the Board is aware of is that a derailment occurred and the derailed
car was rerailed.
Because the Carrier did not contract for, nor borrow, any equipment to use in
rerailing the car, it cannot be (and has not been) argued that said equipment was
substituted for the Hoesch Truck, or for the wrecker for that matter.
Form 1 Award No.
13388
Page
3
Docket No.
13298
99-2-97-2-69
Under the circumstances, Carrier's rerailing and the use of the three Carmen was
entirely proper and not in violation of any existing Rule.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARID
By Order of Second Division
Dated at Chicago, Illinois, this 12th day of April
1999.