Commencing April 2, 1997, Machine Operator T. L. Tisdale ("Claimant") was regularly assigned to a bulletined day-shift assignment operating a Front End Loader at Muskego Yard, Milwaukee, Wisconsin. On the evening of May7, 1997, the Carrier experienced a derailment near Duplainville, `.Wisconsin, which blocked both mainlines and required the services of a Machine Opt or to run the Muskego Yard Front End Loader on an overtime basis. Without ma.Jng any attempt to call Machine Operator Tisdale (the regularly assigned Front End Loader Operator at Muskego Yard), Roadmaster Poeschel called and assigned Machine Operator D. Johnson (the regularly assigned Crane Operator at Muskego Yard) to work the required overtime on the Front End Loader that night.
The record establishes that during the regular workweek the Claimant resided at a Carrier-approved away from home lodging facility at West Allis, Wisconsin. The record also shows that when he started the assignment operating the Front End Loader at Muskego Yard in early April 1997, the Claimant had complied with requests from Foreman R. William and Foreman B. Stewart to provide them with his home telephone number and his cell phone number. The Claimant's written declaration that these Foremen told him they would give those numbers to Roadmaster Poeschel, for the purpose of overtime calls, is unrefuted on this record.
The Carrier did not effectively refute any of the foregoing facts of record but defended its denial of the claim primarily on grounds that the derailment emergency trumped the Claimant's right, as the regular Front End Loader Operator, to be assigned the overtime work. Additionally, the Organization and the Claimant had not proven that he was available in his motel room, that the Carrier could have contacted him, that his cell phone was "turned on" or that he would have worked had he been called. These latter defenses are of no avail in this particular case, however, because the Carrier management called Johnson without even attempting to call the Claimant. As for the "emergency" defense, authoritative precedent establishes that, even with the broad latitude which Carriers must be permitted in emergency situations, the Carrier must ordinarily make a reasonable effort to call and use the employees intended by the Agreement before calling others. See Third Division Awards 21222, 21224, 33421 and 35572. [Although not dispositive, it is also worth noting that the Claimant in West Allis, Wisconsin, was only 13 driving miles and 16 minutes driving time from the overtime service in question; whereas Form 1 Award No. 36620
Johnson, who resided at Hartford, Wisconsin, was approximately 25 driving miles and 40 minutes driving time to Duplainville, Wisconsin.]
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.