Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13702
Docket No. 13581
03-2-00-2-61
The Second Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railway Carmen Division
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company, Inc.
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. The Delaware and Hudson Railway Company (Division
of CP
Rail)
violated the terms
of
our current agreement, in particular Rules
43.14 when they failed to call the regular assigned road truck
operator, V. J. Pettinato and assistant, T. K. Lawrenson for road
work at Sanataria Springs, NY on September 2, 1999.
2. That, accordingly, the Delaware and Hudson Railway Company be
ordered to compensate V. J. Pettinato and T. K. Lawrenson in the
amount
of
two (2) hours and forty (40) minutes each, at the overtime
rate. This is the amount they would have earned had the carrier
not violated the agreement."
FINDINGS:
The Second Division
of
the Adjustment Board, upon the whole record and all they
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.
Form 1 Award No. 13702
Page 2 Docket No. 13581
03-2-00-2-61
Parties to said dispute were given due notice of hearing thereon.
On September 2, 1999, the Carrier assigned on-duty Binghamton, New York,
Carman M. Loveland to assist a Conductor who requested help changing a broken air
hose on a gondola car on a train stopped on the single track mainline at Sanataria
Springs, New York. Loveland voluntarily used his own car (for which he was
compensated) to get to the location of the train. Further, the location of the train was
in an area enroute to Loveland's residence. After completing the work (Loveland
supplied an extra wrench needed by the Conductor and assisted him in changing the air
hose), Loveland went off duty and proceeded on to his residence. According to the
Carrier, Loveland completed the work before the end of his shift.
Claimant Pettinato was an on call Carman at Binghamton. Claimant Lawrenson
was first out on the Binghamton Carman Overtime Board. Claim was filed on the
Claimants' behalf asserting that they should have been called for the assignment as road
truck employees pursuant to Rule 43.14 - ROAD REPAIRS, which reads as follows:
"When necessary to repair cars on the road or away from the shops,
carman and helper when necessary, will be sent out to perform such work
as putting in couplers, draft rods, draft timbers, arch bars, center pins,
putting cars on center, truss rods, and wheels, and work of similar
character."
The Organization has not carried its burden to demonstrate that the Carrier
violated Rule 43.14 when the Claimants were not assigned the work of assisting with the
repair of the broken air hose. The record shows that the incident occurred on the single
track mainline where train crews can change defective train line hoses; an on-duty
Carman (Loveland) was sent to assist with the change because the Conductor needed
another wrench; and, after completing the assignment within his shift, Loveland went
off duty and was allowed to continue on his route to his residence. The Organization has
not shown that under the circumstances Rule 43.14 clearly entitled the Claimants to
perform this work.
AWARD
Claim denied.
Form 1 Award No. 13702
Page 3 Docket No. 13581
03-2-00-2-61
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 31st day of January, 2003.