NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
LOUISVILLE AND NASHVILLE RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when, instead of calling
and using furloughed Section Laborers C. Garland, M. S. Priddy,
J. G. Riggs and G. W. Parker to perform the work of cleaning snow
and ice from track switches in the Louisville Terminal area, it assigned B&B Department employes to perform said work from 12:30
P.M. on January 23 to 5:00 A.M. on January 24, 1963. Carrier's File
E-304-9).
(2) Section Laborers C. Garland, M. S. Priddy and J. G. Riggs
each be allowed eight (8) hours' pay at his straight time rate, eight
(8) hours' pay at his time and one-half rate and one-half hour's pay
at his double time rate because of the violation referred to in Part
(1) of this claim.
(3) Section Laborer G. W. Parker be allowed seven and one-half
hours' pay at his straight time rate because of the violation referred
to in Part (1) of this claim.
EMPLOYES' STATEMENT OF FACTS: The facts in this case were fully
and accurately set forth in the General Chairman's letter of claim presentation,
which reads:
"February 18, 1963
1-9
Mr. M. A. McGee
Division Engineer
L. & N. Railroad Co.
Union Station
Louisville, lfy.
Dear Sir:
[8711
13626-12
882
Carrier also submits that it was proper to use the B&B employes to clear the
snow and ice, and maintains that the claim is without merit and should be
denied.
OPINION OF BOARD: The employes state that this claim is based on a
violation of the agreement arising when B&B employes were assigned the
work of cleaning snow and ice from switches during an emergency. The third
paragraph of the General Chairman's letter of February 18, 1963, which appears on page 4 of the record specifically states that the service which was
rendered here was emergency service.
This Board has long recognized that a Carrier may assign such employes
as good judgment in the situation dictates during an emergency. See Award
(Miller); Award 11241 (Moore); Award 11371 (Dorsey) and Award 13340
(Miller); Award 11241 (Moore); Award 11371 (Dorsey) and Award 3340
(Hutchins).
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively
Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That the Agreement has not been violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 28th day of May 1966.