The Second Division consisted of the regular members and in addition Referee Louis Yagoda when award was rendered.


                        ( System Federation No. 21, Railway Employes'

                        ( Department, A. F. of L. - C. I. 0.

          Parties to Dispute: ( (Carmen)

          (

          ( Southern Railway Company


          Dispute: Claim of Employes:


                1. That the Carrier violated the controlling Agreement when on April 3, 1972, Carman Mike Ross, Birmingham, Alabama, was not allowed to return with the derrick crew to a derailment at Bynum, Alabama.


                2. That the Carrier be ordered to pay Carman Ross seven (7) hours pay at straight time rate for waiting to return to the derailment p7:us fifty-five (55) hours pay at the rate of time and one half, the amount of overtime he lost by not being allowed to return to the derailment.


s Findings:

        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 employes involved in this dispute are respectively carrier and employe 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 t the time of the subject occurrences, Claimant occupied a regular assignment as car repairer at Norris Yard, Birmingham, Alabama on the first trick, 7 A.M. to 3 P.M., Sunday through Thursday, with Friday-Saturday rest days. He was also an extra member of the Birmingham (Norris Yard) wrecking crew.


        On Good Friday morning) March 31, 1972, the Birmingham derrick and crew were engaged in clearing a derailment at a point west of Birmingham on the Northern Alabama district. Claimant was called as an extra crew member and used at that derailment because one of the regular crew members whom he replaced was not available when the wrecking crew was called for service away from home station.

    r


f

 ,._ , Form 1 Award No. 6631
 ` Page 2 Docket No. 6466
 2-SOU-CM-'74
 At about 12:00 noon on the same day, Friday, March 31, 1972, the crew
      was notified that another derailment had occurred at Bynum, Alabama (a point

      east of Birmingham) and they traveled in company automobiles to that der,:lilment.

      The wrecking crew (one of whom was Claimant) cleared the main line at Bynum at

      3 P.M. Saturday, April 1, 1972. At that time, further work at the Bynum

      derailment was discontinued until Monday, April 3, 1972. The derrick was left

      at Bynum, and the crew men were taken in company automobiles to ~:irmingham

      where they went off duty at their home station about S P.M., Saturday, April

      1, 1972.


      Easter Sunday, April 2, 1972, was the first work day of Claimant's regular 7 A.M. to 3 P.M. assignment at Norris Yard after the Good Friday holiday_ Claimant reported-on said day to said assignment and worked one hour, thereby qualifying for the holiday pay for Friday, March 31, 1972 (Employes contend that this was done on advice of Foreman so that Claimant could qualify for holiday pay).


      On that same Sunday afternoon, General Foreman advised Claimant that the regular crew members whose vacancy Claimant had filled at the Birmingham derailment had marked up for wrecking service and, accordingly, would be used in displacement of Claimant.


      We find Employes' reliance on Rule 10 to be mistaken in that the instant' situation is not a case of an employe being relieved from duty while away from home. Claimant was called to-fill the vacancy of a regularly assigned absent derrick crew man. Claimant left that vacancy to assume his regular duties. When the crew returned to wrecker service the regular man was available and was properly given preference over Claimant. .


      Employes' assertion that Claimant worked on his regular assignment on Easter Sunday at direction or advice of General Foremen and Derrick Foreman is denied by them through Carrier. We cannot resolve this factual conflict and, accordingly, cannot reach consideration of what effect, if any, this has on the merits of the claim.


                              A W A R D


          Claim.denied .


                                NATIONAL RAILROAD ADJUSTMENT BOARD

                                By Order of Second Division


      Attest: Executive Secretary

      ._ National Railroad Adjustment Board


          Rosemarie Brasch - Administrative Assistant


    J


        Dated at Chicago, Illinois, this 6th day of February, 1974.