Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13474
Docket No. 13399
99-2-98-2-87
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 the T.C.U. Agreement at Cincinnati Ohio
on 10-8-97 when it willfully violated Local Agreement when they
failed to call the assigned wreck crew.
2. That the Carrier make whole the assigned wreck crew member for
this violation of the Agreement rule and pay the time lost of eight
(8) hours and thirty (30) minutes time and one half to Carman R.
W. Barnett."
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. 13474
Page 2 Docket No. 1339!)
99-2-98-2-87
This claim is closely similar to that reviewed in Second Division Awards 13388
and Award 13473. Here, the Organization argues that, even after the Hoesch wrecking
equipment had been transferred to another location, the provisions for calling wreck
crew members remain in effect. There is no support for this view, because the "Hoesch
Truck Call Procedure" was clearly written to cover employee assignment solely to that
equipment.
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 BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 24th day of November 1999.