As Third Party in Interest, the Brotherhood of Maintenance of Way Employes was advised of the pendency of this dispute and filed a Submission with the Board.
A six-car derailment occurred on June 25, 1999 at Pittston, Pennsylvania. The Carrier engaged the Hulcher Wrecking Service and assigned two of its three-member Carman Wrecking Crew to perform wrecking services. The Carrier also assigned a BMWE Trackman/Operator to run a machine identified as a 950 Loader to which he was regularly assigned. As to these assignments, there is no dispute between the parties.
The Organization contends, however, that the Trackman/Operator, beyond operation of his assigned machine, performed groundman duties that are reserved to Carmen. On this basis, the Organization argues that the third Wrecking Crew member should have been called.
The Manager, Mechanical stated that he did not instruct the Trackman/Operator to perform such duties, nor did he observe him doing so. Statements by the Trackman/Operator and the two Carman Wrecking Crew members were to the effect that such wrecking crew work was performed by the Trackman/Operator. The Board finds it reasonable to accept such contention.
In sustaining the claim, the Board finds the requested remedy to be excessive. It is obvious that the Trackman/Operator was engaged in Carman duties for only a portion of his assignment. In addition, the request for pay at the overtime rate is excessive. The Award will provide that the Claimant be compensated six hours at the straight time rate.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.