Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7042
 SECOND 1 TVISION Docket No. 6836
 2-HBT-CM-'76
 The Second Division consisted of the regular members and in
 addition Referee Dana E. Eischen when award was rendered.
 ( System Federation No. 2, Railway Employes'
 ( Department, A. F. of L. - C. I. 0.
 Parties to Dispute: ( Carmen

Dispute: Claim of Employes:



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 Di.vision of the Adjustment Board has jurisdiction over the dispute involved herein.

Claimant R. A. Phillips is a Carman regularly assigned to Carrier's rip track at Houston, Texas with hours of service 7:00 a.m. to 3:20 p.m. Monday through Friday. Saturday and Sunday rest days. Phillips also is listed on the wrecker overtime board maintained by the parties by mutual arrangement pursuant to Rule 10 of the controlling Agreement which reads in pertinent part as follows:



          (a) When it becomes necessary for employees to work overtime, they shall not be laid off during regular working hours to equalize the time.

Form 1 Award No. 7042
 Page 2 Docket No. 6836
 2-HBT-CM-' 76
 "(b) Record will be kept if overtime worked and
 men called with the purpose in view of distributing
 the overtime equally.

 On claim date, November 14, 1974 Claimant was second out on the wrecker overtime board.

 An engine derailment occurred on Carrier's property on November 14, 1974. The record shows that Carrier's regular wrecking crew and foreman were on another job and the Relief Wrecker Foreman was out of town on his rest day. Accordingly, it became necessary to call an Acting Wrecker Foreman to handle the engine derailment. Carrier called one John Qualls, a Carman who was not on the wrecker overtime list, and one Dan Searcy, the first-out man on the wrecker overtime list for the job. In effect, therefore, Carrier by-passed Claimant for the call. Qualls and Searcy rera iled the engine between 4:20 p.m. and 7:20 p.m. November 14, 1974 and were apparently paid 3 hours at the applicable overtime rate.

 By letter dated January 7, 1974 the Organization filed the instant claim seeking 3 hours overtime for Phillips because of alleged violation of Rule 10 when he was not called on November 14, 1973. The initial denial letter of January 14, 1974 sets forth Carrier's position as presented on the property as follows:

          "HB&T Wrecker #309 went to Bay City, date in question with the following men: F. Gradler, P. Garza and A.B. Starnes. Relief Wrecker Foreman R. McKinney was on his rest day and out of town.


          Mr. D. Searcy was first out followed by Mr. R.A. Phillips. Both men have advised Mr. J.W. Alvarez they do not wish to be called as Wrecker Foreman, therefore it became necessary to have J.H. Qualls stand by as Wrecker Foreman.


          When SF 236C was derailed at Collingsworth, Mr. Qualls was called. tie inspected the derailment and notified the Diesel Shop asking Mr. Munger to call Mr. Searcy off the Wrecking Overtime Board. It was necessary we use the SP Cline Truck to rerail this engine. I see no violation of the contract as both men were paid time and one-half for their services.


          If Mr. Phillips wishes to exercise his rights as Emergency Wrecker Foreman when called for that position, I will be more than pleased.


              Your time claim is respectively denied."

Form 1
 Pa ge 3

 Award No. 7®42
 Docket No. 6836
 2-HBT-CM-'76

 Additional evidence raised on the property includes a letter from Claimant as follows:

 "I have advised no one that I did not want to be called as wrecker foreman. If that had been the case for an idefinite period I would advise them by a written statement so my name would not be placed on call.

 In this case my name was on call. Mr. Qualls name is never on call and his name is not on the wrecking board which is used for these calls.

 It is true that Mr. Searcy was first out and my name was second out. Two men worked this call, Mr. Searcy and Mr. Qualls. I contend that I should have been called as the second man and Mr. Searcy called as the first man.

 Mr. Pettus makes a reference to me exercising my rights. I do wish to exercise my rights and not have my rights exercised by someone else as was done in this case. I wish to be called and if available I will accept call."

 It is noted that Carrier presented for the first time in its ex parte submission a memorandum from one J. W. Alvarez relative to Claimant and Searcy purportedly waiving their right to be called off the wrecker overtime board. Not only do we find that latter document unpersuasive on the point for which it is offered but it comes too late at the Board level.

 The relevant and probative record evidence shows that Claimant effectively was by-passed in favor of a Carman not on the overtime board. We do not find on this record a waiver by Claimant of his rights to a call for the Acting Wrecker Foreman opening on November 14, 1973. Nor are we persuaded on this record that Rule 114 regarding "wrecking engineers" relied upon by Carrier is supportive of its failure to call Claimant. We shall sustain the claim.

 A W A R D
Claim sustained.

 NATIONAL RAILROAD ADJUSTMENT B(ARD
 By Order of Second Division

 Attest: Executive Secretary
 National Railroad Adjustment Board

 By _
 osemarie Brasch - Administra tive Assistant

      Dated at Chicago, Illinoisp this 20th day of April, 1976.