NATIONAL
RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25402
M. David Vaughn, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned and used
track forces instead of bridge forces to repair the turntable at Handley, West
Virginia on June 3, 1982 (System File C-TC-1362/MG-3598).
(2) As a consequence of the aforesaid violations, Messrs. X. D.
Brown, G. R. Hayes, H. B. Hunter, W. P. Steele, R. Adkins, D. E. Soarberry, C.
W. Hanshaw and J. D. Cupp (Bridge and Building Force 1403) shall be allowed an
equal proportionate share of seven and one-half (7-1/2) hours at their respective
straight time rates.
OPINION OF BOARD: The Organization, on behalf of eight named Claimants who
then comprised Carrier's Bridge and Building Force 1403,
makes a claim for pay for time because work assertedly within the scope of
jurisdiction of the Bridge and Building Craft was performed by Carrier's track
forces.
On June 3, 1982, it became necessary to make temporary repairs to the
ring rail of the turntable at Hadley, West Virginia. Without those repairs, it
would not have been possible to turn the 15-18 engines per shift which passed
over the turntable, which would, in turn, have seriously disrupted Carrier's
operations. The Carrier assigned the work of repairing the ring rail to its
track forces, who completed the nark using tools including a rail saw and rail
drill.
The organization filed a claim for the work, which the Carrier declined.
The claim was then brought before this Board.
The Organization asserts that the Carrier's action violates the Scope
provisions of the Agreement between them. Rule 66 (c) of the Agreement states
in part:
'Bridge and structure forces will perform the work to which
they are entitled under the rules of this agreement in
connection with
the... maintenance of... turntables.·
The Organization asserts that the Scope provisions of the Agreement exclusively
reserve the repair of the turntable ring rail to the Bridge and Structure forces.
It argues that the Carrier did not demonstrate the existence of an emergency so
as to justify noncompliance with the Agreement.
Award Number 25443 Page 2
Locket Number NW-25402
The Carrier asserts that Rule 66 (c) must be read together with 66(b)
of the same
Agreement, which
defines in similar terms the scope of work for the
track forces. It states that section forces may lay rail or perform other
track work on bridges or structures. The Carrier asserts that both Scope Rules
are general and, under Board precedent, require proof that the employes asserting
jurisdiction historically has had exclusive right to the work on a system-wide
basis, proof which was not submitted by the Organization in the instant claim.
The Carrier asserts in addition that the work was assigned to and
performed by track forces in response to the situation, which called for immediate
action to prevent substantial interruption to the Carrier's operations, meeting
the definition of emergency and thereby allowing the Carrier broader latitude
in assigning employes outside normal jurisdictional lines.
It is self-evident that where a turntable is used 15-18 times per
shift to turn locomotives, it is important to the Carrier's normal operations.
There is seldom a backup turntable. Immediate repairs would be necessary should
the turntable malfunction.
The Board holds that an emergency situation existed as a result of
the turntable malfunction, that the Carrier sufficiently asserted the existence
of an emergency on the property below, and that, under Board precedent, the
Carrier was authorized, to the limited extent of the temporary repairs described -.
in the record on the property, to suspend that portion of the Scope Rules which
might have precluded the track forces from performing the ring rail repairs.
See Third Division Awards 20527 (Emergency defined as
ff
...an unforseen combination
of circumstances which calls for immediate action... ·); 17795.
The Organization does not assert that the individual Claimants would
have been able to perform the repairs immediately, since they were, at the time
of the malfunction, performing scheduled work at a location some distance from
the turntable. Rather, the Organization argues that Claimants should be compensated
anyway, since it was the Carrier whose assignment made them unavailable. Having
determined that an emergency existed, the Board is not persuaded. By definition,
work scheduled in one location for an employe may preclude performance of unscheduled
work by that employe in another location during the same period of time. The
Board will not, in the absence of compelling language in the Agreement, require
the Carrier to pay employes for emergency work performed by others during the
time they were performing scheduled work. The Board is pointed to no such
language in this case.
Having determined that an emergency existed so as to have allowed the
Carrier to relax the jurisdictional restraints of the Agreement, it is unnecessary
to determine whether the ring rail of a turntable is a structure or track work
for purposes of the applicable Scope Rule or, if so, whether the jurisdictional
history of such work indicates that the Bridges and Structures Craft was exclusively
entitled to perform it.
Accordingly, the Board must, and it hereby does, deny the claim.
Award Number 25443 Page 3
Locket Number MW-25402
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 was
not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy Dever - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1985.