17orm 1 NATIONAL RAILROAD ADJUS04ENT BOARD Award No. 6460
 SECOND DIVISION Docket no. 630')
 2-MP-CM-'73
 The Second Division consisted of the regular members and in
 addition Referee Irving T. Bergman when award was rendered.
                  ( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Carmen)

                      Missouri Pacific Railroad Company


Dispute: Claim of Employes
            1. That the Missouri Pacific Railroad Company violated the controlling agreement, particularly Rules 4(e) and 8(b), when Wrecking Crew Member, Carman M. H. McGary, Little Rock, Arkansas, was not called for wrecking service at Paraquet, Arkansas on May 16.. 1971.


          2. That accordingly, the Missouri Pacific Railroad Company be ordered

          to compensate Can :a~ai MUGaxy in the aruount of ten hours, twenty

          minutes (10'20") at punitive rate for May 16, 1971.


?indings:
          The Second Division of the-Adjustment Board, upon the whole record and all

the evidence, finds that:.

 The carrier or carriers and the employe or emplcyes involved in this dispute are respectively carrier and erTloye 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..


A wrecking crew of three men was notified at 10:00 P.M. on a Sunday night that they would have to leave a t 4:40 A.M. on Monday morning account of
 derailment. One of the crew was required to drive a cline truck. _

 The regular assigned cline truck driver named King, was scheduled to work Monday through Friday, 7:00 A.M. to 3:30 P.M., rest days Saturday and Sunday. Ca=iman Smith, was the assigned relief driver on Saturday and Sunday from 7:00 A.M. Saturday to 7:00 A.M. Monday. He was also a regularly assigned member of the wrecking crew.

 The carrier made up the three man wrecking crew by calling King to drive! ( `.he truck. Smith was called as a member of the wrecking crew. but not as a truck 'river. The third man is not in dispute.
                    ' i


Form l Award No. 6460 j
 Page 2 Docket no. 6305
                  . 2 MP Cld-' 73 . _


The Organization claims that Smith should have been called as the truck driver; that there was no reason to call King who was on his rest day. It is argued that if this had been done, then claimant would have been the next man up to be called as the third member of the crew.

 The carrier declined the claim on the ground that by a hip-pocket understanding, Smith could have been called either as the relief truck driver or from the wrecking crew overtime call board. The carrier relies on the agreement to distribute overtime work equally and cites prior awards that relate to equal distribution of overtime.

 The Organization denied knowledge of the hip-pocket understanding and
 denied that any such rule or agreement existed. _

 .'..This* case is to be decided on the simple fact that Smith was the assigned relief man to drive the truck at the time. We find that he should have been called a,s the truck driver. The carrier has failed to prove its hip-pocket
 understanding to the contrary, and has not submitted-evidence of any practice in'
 support. of such a rule.

 There'is no evidence in the record to prove that claimant would not have been the next man to be called so we accept the Organization's statement of that fa ct.

 The carrier also has argued that claimant was regularly scheduled to'work from 7:00 A.M. to 3:30 P. M. on Monday, but did not work because the Signalmen went on strike at 6:00 A.M. Monday, and he would not cross the picket line. The carrier contends, therefore, that even if claimant should have been called for the wrecking crew, the carrier should get credit for the time that claimant refused to work. This is immaterial. The fact is that claimant would - have left at 4:40 A.M.* before the strike started, as part of the wrecking crew. The crew worked for ten hours and twenty minutes. Claimant is entitled to compensation for the same period of time as the other two men of the wrecking crew.

 It is well established that proper compensation for time not worked shall be at the pro rata rate:- Claimant should be compensated for ten hours and twenty minutes at the pro rata rate.

                          A W A R D


        Claim sustained as set forth in the findings.


                              NATIOMAL RAILROAD ADJUSTMENT. BOARD

                              By Order of Second Division


Attest: ~~ !.~(~ ~_.~ ,t~

        Executive Secretary (Dated at Chicago, Illinois,this 27th day of February, 1973.