Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13473
Docket No. 13397
99-2-98-2-85
The Second Division consisted of the regular members and in addition Referee.
Herbert L. Marx, Jr. when award was rendered.
(Brotherhood Railway Carmen Division
( 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. That the Carrier violated Rule 142 in the Agreement when they
failed to call the assigned wreck crew members in Cincinnati, Ohio.
2. That the Carrier make whole the assigned wreck crew members for
this violation of the Agreement rule and pay the time lost of five (5)
hours time and one half to Carmen R. W. Barnett, R. Godbey and
B. Wilson."
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.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 13473
Page 2 Docket No. 13397
99-2-98-2-85
On October 8, 1997, three on-duty Carmen were assigned to rerail a locomotive
at an industrial site within the Cincinnati yard limits. The Organization alleges that a
"regular assigned wreck crew" should have been called for this work.
The claim asserts a violation of Rule 142, which reads as follows:
"When wrecking crews are called for wrecks or derailments outside
of yard limits, a sufficient number of the regularly assigned crew will
accompany the outfit. For wrecks or derailments within yard limits,
sufficient carmen will be called to perform the work." (Emphasis added)
The Organization does not dispute that the rerailing was performed "within yard
limits" or that the Carrier had failed to utilize a "sufficient" number of Carmen. Thus,
no support for the claim is found in Rule 142.
The Organization, however, connects Rule 142 with the "Hoesch Truck Call
Procedure" effective January 1, 1994. The Carrier contests the continuing validity of
this "Procedure" because the Hoesch wrecking equipment was removed from Cincinnati
in 1995. In any event, the Procedure does no more than specify the required employees
to be called when -- and only when -- "Hoesch truck [is] called out." Whether or not the
Procedure remains in effect, it offers no support for calling the Claimants in this
instance.
Second Division Award 13388, involving the same parties in a closely similar
situation, reached the same conclusion as does the Board in this instance.
AWARD
Claim denied.
Form 1 Award No. 13473
Page 3 Docket No. 13397
99-2-98-2-85
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 BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 24th day of November 1999.