Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13549
Docket No. 13436
00-2-99-2-21
The Second Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood Railway Carmen Division
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore and Ohio
( Railroad Company)
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. That the Carrier did violate Rule 142 and 1421/ of the Agreement
when it failed to call Carmen for a yard derailment and employed an
outside contractor with its ground forces to perform Carmen work
within the yard limits.
2. That the Carrier be ordered to pay Claimants L. Whitson, E. Clark,
B. Gaylord, J. Barnes, A. Steel, J. Allen and KB. Robinson three (3)
hours time and one-half rate of pay for this willful violation."
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. 13549
Page 2 Docket No. 13436
00-2-99-2-21
The instant claim challenges the use
of
an outside contractor to rerail one car that
had derailed on January 6, 1998. The rerailing occurred at the Bulk Intermodal
Distribution Services, Inc., (BIDS) Terminal in Cincinnati, Ohio. During handling on the
property, the Carrier advised the Organization that the BIDS Terminal was not part of
the Carrier's operation. The Organization did not request any further information or a
copy of the lease covering the BIDS Terminal. Similar circumstances were presented in
Special Board of Adjustment No. 1110, Award 19, where the Board stated:
"In the absence of any persuasive evidence that the Organization had
sought any additional evidence of a lease between the Carrier and the
Kentucky May Coal Company, the Carrier provided sufficient evidence to
sustain its affirmative defense that a lease existed for the applicable area.
As a result, the Organization lacked a contractual right to hold the Carrier
responsible for the performance of the disputed work or for the failure
of
the Carrier to provide advance written notice
of
the performance
of
such
work by outside forces for the Kentucky May Coal Company."
In accordance with Special Board of Adjustment No. 1110, Award 19, we hold that
the Carrier in the instant case sustained its defense that the BIDS Terminal was not part
of
the Carrier and that the Carrier cannot be held liable for the performance
of
the
disputed work.
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Second Division
Dated at Chicago, Illinois, this 29th day of September, 2000.