SPECIAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
UNION RAILWAY COMPANY OF MEMPHIS
STATEMENT Claim of the System Committee of the Brotherhood that:
OF CLAIM
:
(1) The Carrier violated the effective Agreement by failing
to assign Maintenance of Way Department Welders to the
performance of rail cutting in Sargent Yard at Memphis
on January
13, 1958
account of a derailment.
(2)
Maintenance of Way Department Welder P. L. Howdeshell
and Helper W. E. Oliver be now compensated for two
(2)
hours and forty (40) minutes at their time and one-half
rate on account of this violation of the Agreement.
FINDINGS
: It appears that in the process of rerailing an engine it was dis
covered after the engine had been raised by the wrecker that two
small sections of rail were so badly twisted in the derailment that the engine
could not be rerailed without replacement thereof. The carrier had not foreseen
the necessity for any cutting of rail so in that emergency it directed a carman
welder to cut two pieces of rail for installation by track forces.
Such utilization of an employe on the scene to meet an unforeseen
necessity in that emergency situation is not a violation of the agreement but
necessary to and consequently a part of the rerailment of the engine.
AWARD
: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0.
279
(s
) Dudley E. Whiting
Dudley E. Whiting - Chairman
(s) A. J. Cunnin
gham (s) G. W. Johnson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
June
5, 1959