The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employs within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
At 3:30 p.m. on June 13, 1986, Train 181-12 derailed 12 cars at MP 198.5. At 5:30 p.m., the Carrier called Hulcher Emergency Service, Inc. to work the derailment. Hulcher forces arrived at the site at 9:55 p.m. that date and worked until 4:45 a.m. on June 14, 1986 rerailing cars. Hulcher further bulldozed 17 rail lengths (663 feet) of damaged track aside until approximately 8:30 a.m. Form 1 Award No. 29642
At 7:06 p.m. on June 13, 1986, Special Equipment Operator K. Sullivan was instructed to report for duty at the derailment site at 5:30 a.m. on June 14, 1986. Sullivan did so and used a motor grader to prepare the roadbed for reconstruction. On June 14, 1986, Claimants worked at the derailment site installing rail panels from 7:30 a.m. until 6:05_ p.m. and received 2.5 hours of overtime in addition to their straight time compensation.
The Organization asserts that it is not seeking compensation for the rerailing work. The instant claim is for "work of clearing away damaged track" (Org. Submission at 2). The record establishes that such work has been performed by the covered employees. while an emergency may have existed, there is no explanation in the on-property handling concerning why Claimants could not be called to perform that work which they have performed in such situations. The claim will, therefore, be sustained but relief shall be limited to compensation for time that it took the outside contractor to clear away damaged track that could have been performed by Claimants.