NATIONAL RAILROAD ADJUSTMENT HOARD

THIRD DIVISION Award Number 20213

Docket Number CL-20328

Joseph A. Sickles, Referee

(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
( (formerly Transportation-Communication
( Division, BRAC)
PARTIES TO DISPUTE:
(Maine Central Railroad Company
( Portland Terminal Company

STATEMENT OF CLAIM: Claim of the System Committee of the Transporta
tion-Comarunication Division, BRAC, on the Maine
Central - Portland Terminal Company, GL-7339, that:

1. Carrier violated Article 7 of the January 1, 1951 Agreement when they neglected to call G. F. Melvin on duty to copy orders.

2. Carrier shall be required to compensate Claimant a two hour call at punitive rate Agent Oakland for this violation.

OPINION OF BOARD: Claimant asserts that Carrier violated Article 21
by allowing employees not within the scope of the
agreement to handle an order to return an Engine to Waterville.

In appropriate part, Article 21 states:

"(a) No employee other than covered by this Agreement and Train Dispatchers will be permitted to handle train orders except in cases of emergency. (underscoring supplied

(c) Emergencies ....shall include only ...., engine failures , ....that could not have been anticipated

The record shows that an employee not within the scope of the agreement issued the order in question. Claimant states that there was not an engine failure, but merely "mechanical trouble."

This Board has fully considered the record, and the Awards cited by the parties. We are of the view that the issue of "emergency" was raised on the property. Further, there is nothing of record to suggest to us that the Engine in question merely suffered "mechanical trouble." Rather, the entire record convinces us that on the day in

Award Number 20213 page 2

Docket Number CL-20328

question there was "engine failure" and that the Carrier's action was permissible under the exceptions to Article 21. Accordingly, we will deny the claim.

FINDINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction over the dispute involved herein; and

That the agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT HOARD

$r Order of Third Division

ATTEST:

Executive Secretat~

Dated at Chicago, Illinois, this 11th day of April 1974.