Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13557
Docket No. 13433
00-2-99-2-24
The Second Division consisted
of
the regular members and in addition Referee
Martin Ii. 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 142'/ of the Agreement
when they 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, C. Patton and W. Kincer three (3) hours time and one-half
Carmen 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. 13557
Page 2 Docket No. 13433
00-2-99-2-24,
On February 19, 1998, two cars derailed within the yard limits
of
the Cincinnati,,
Ohio, Terminal. The Carrier called an outside contractor to rerail the cars. The
Organization contends that the Carrier failed to call a sufficient number
of
Carmen to
assist the employees of the outside contractor. The Carrier maintains that the
Organization failed to prove what a sufficient number
of
Carmen was in the instant
situation.
The claim references Rules 142 and 142'/x. However, because the claim involves
work inside yard limits, only Rule 142 is applicable. See Second Division Award 13528.
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."
In Award 13528, the Board held:
"What is lacking in the matter here under review is specific showing that
any of the contractor's employees were engaged in groundsmen's work
which Carmen might have performed. As in Award 13424, the Board
cannot `second guess' how the contractor's employees were utilized."
Upon review of the record in the instant case, we find that the situation presented
is identical to that presented in Award 13528. There is no evidence in the record as to
whether any of the contractor's employees were engaged in work that Carmen might
have performed. Accordingly, we find, as did the Board in Award 13528, that the
Organization failed to carry its burden to prove that a sufficient number of Carmen
were not called on the date in question.
AWARD
Claim denied.
Form 1 Award No. 1355'7
Page 3 Docket No. 13433
00-2-99-2-24
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.