NATIONAL RAILROAD ADJUST;MT BOARD
THIRD DIVISION Docket doer MST-21865
James =. Scearce, Referee
(Brotherhood of Maintenance of Way 2mployes
PARTIES TO DISPUTE:
(Western Maryland Railway Company
STATTT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) Tae Carrier violated the Agreement when, on April
3,
1975,
it used Terminal Foreman N. W. .'ales instead of calling and using
Chauffeur Richard L. Brewer to transport Carpenter E . ... Williams, together with necessary tools a
the purpose of cutting down and sawing up a tree (System File
75-6/8-:G1L35).
(2) Chauffeur Richard L. Brewer shall be allowed five
(5)
hours
of pay at his time and one-half rate because of the aforesaid violation.
OPINI014 OF BOARD: The central issue here was whether or not an emergenc1·
situation e:asted. Was there imminent danger created
by the potential of a tree falling over tie main line tracks? A careful
review of the records confirms this; the Union does not seriously challenge
this claim. Under such circumstances, supervision is v=ested with certain.
special obligations to move immediately to protect life and property. The
record is replete with Awards supportina_ this action.. Under the circum
stances, the Union's claim that the Chauffeur could have been available if
called cannot be given superior weight. It was, after all, speculation on
tie Claimant's part that he could have been at the headquarter's point in
a timely manner. Considering the time of day (around
5:00
p.m.), Foreman
Miles exercised his judgment in reaching and attending the problem in the
most expeditious manner.
We find the claim lacks merit.
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 :mployes involved in this dispute
are respectively Carrier and Employes within the meaning of the Rail :ray
Labor Act, as approved June 21, 193li;
Award hiffber 21792 Page 2
Docket idumoer %%_T-2186;
That this Division of the Adjustment Board as jurisdiction
over the dis_rnzte involved herein; and
The Agreement was not violated.
A W A ? D
Claim is denied.
NATIOI.AL RAILROAD
ADJtiST?-=T BOF.RD
By Order of Third
Division
ATTEST:
GI
Pg&lre~-
Dated at Chicago, Illinois, this 18th day of November 1977.
0~FP
V
1977
SPRI