NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22097
George S. Roukis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Agreement was violated when the members of B&B Crew
No. 602 were not called to perform overtime service on their assigned
territory on March 12, 13 and 14, 1976 but Carrier called and used the
members of B&B Crew No. 603 for such service (Carrier's File 500-46-B-146).
(2) BBB Foreman D. 0. Jagla, Assistant B&B Foreman F. M. Rogan,
Truck Driver D. Betry, Carpenters R. L. Krauss and R. Corbett and Helper
N. Manteufel each be allowed twenty-four and one-half (24-1/2) hours of
pay at their respective time and one-half rates because of the violation
referred to is Part (1) hereof."
OPINION OF BOARD: This Board has carefully examined all the facts and
arguments contained in the record.
While we recognize the clear and unambiguous language of
Rule 14(1) and its apparent application to the circumstances herein,
we must, of necessity, note that the geographical district claimed by
Crew #602 as its exclusive work area is not so precisely determinate.
The record shows that Crew #603 was assigned to work in that
locale on March 12, 1976. There was no emergency that morning warranting
their presence or specific concern expressed by claimants that potential
overtime work would be lost. Both crews, periodically, executed the task
responsibilities of the temporarily retrenched members of Crew #601.
Even assuming arguendo that the contested districts were more than
convenient administrative sectors, the work patterns of the respective
crews suggest flexible force deployment. We are certainly mindful that
Crew #603 was purposely equipped for mobile assignments but even
conceding claimants' argument that it would have been relatively easy
for Crew #602 to utilize temporarily Crew #603's outfit car and tools,
the sudden nature and destructive impact of the high intensity winds at
Schiller Park, Illinois, demanded prompt and decisive action.
Award Number 22129 Page 2
Docket Number MW-22097
We will not review the legion of cases eloquently detailing
the variant characteristics and imperatives of unanticipated emergencies,
except to emphasize the relevancy of Third Division Award 13566, which
held in pertinent part, that "under emergency conditions, in the absence
of an express prohibition, Carrier has greater latitude in selecting its
employes than under normal circumstances." We do not believe that an
expressed prohibition existed. We do find, however, that an emergency
existed.
FILINGS:
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 was not violated,
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Claim denied. _I I 1 n, ~.;,
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NATIONAL, RAILROAD BOARD
By Order of Third Division
ATTEST:
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Executive Secretary
Dated at Chicago, Illinois, this 30th day of June
7.978.