Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13571
Docket No. 1339:5
00-2-98-2-83
The Second Division consisted of the regular members and in addition Referee
Margo R. Newman when award was rendered.
(Brotherhood Railway Carmen Division
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim
of
the Committee of the Union that:
1. That the Springfield Terminal Railway Company violated the terms
of our current agreement, in particular Rule 30 when they utilized
supervisors to perform wrecking service instead of calling a
sufficient number of the regularly assigned wrecking crew from the
established and agreed upon wrecking list.
2. That, accordingly, the Springfield Terminal Railway Company be
ordered to compensate Carman Wilfred in the amount
of
seven (7)
hours at the overtime rate and eight (8) hours at the double time
rate for August 19, 1997 and nine (9) hours at the double time rate
(instead
of
eight (8) hours at the straight time rate and one (1) hour
at the overtime rate) for August 20, 1997."
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.
Form 1 Award No. 13571
Page 2 Docket No. 13395
00-2-98-2-83
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
This claim arises from the Carrier's dispatching of the RC-130 Mobile Crane to
a 10 car derailment at Orono, Maine, on August 19, 1997 without the proper ground
crew. As a result of a conference on March 20, 1998, the parties agreed to settle the
claim on a compromise basis, and pay the Claimant 12 hours' pay. The underlying
merits of the improper assignment of the wrecking crew is not before us. What is in
issue in this case is whether the settlement agreed to by the parties was for payment at
the overtime or straight time rate.
This claim is identical to the one presented to the Board in Second Division Award
13569, in that the settlement conference in issue covered the two claims filed by Carman
Derocher and the Claimant. Thus, our statements and the reasons for our decision in
that case are equally applicable herein.
For all of the reasons set forth in our Award 13569, the instant claim is 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 14th day of November, 2000.