Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13555
Docket No. 13428
00-2-99-2-19
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. Carrier violated Rule 142 of the Agreement on January 1, 1998
when they failed to use Carmen to perform the wrecking work at
Cementdale, OH and used an outside contractor.
2. That the Carrier be ordered to pay C. Patton, W. Kincer, D. Roder
and R. Johnson three (3) hours time and one half rate
of
pay for this
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. 13555
Page 2 Docket No. 13428
00-2-99-2-19
On January 21, 1998, Assignment Y22721 derailed one end
of
car TPIX 332 at
Cementdate, Ohio, which is outside the Cincinnati yard limits. After sending two
Cincinnati Carmen in an unsuccessful effort to rerail the car, the Carrier engaged the
services
of
an outside contractor. The Organization contends that the Carrier violated
Rule 142 by failing to call a number
of
Carmen equal to the contractor's four ground
crew who worked at the derailment site. Rule 142 provides:
"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."
Under Rule 142, when a derailment occurs outside
of
yard limits, the Carrier is
only obligated to call Carmen who are part of an assigned wrecking crew. There was
no regularly assigned wrecking crew at Cincinnati. Therefore, the Organization failed
to prove a violation
of
Rule 142. See, e.g., Second Division Awards 13008,12954,12874,
12873. Accordingly, the claim must be denied.
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 27th day of October, 2000.