Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12063
 SECOND DIVISION Docket No. 11976
 91-2-90-2-85
 The Second Division consisted of the regular members and in
 addition Referee Joseph A. Sickles when award was rendered.

 (Brotherhood Railway Carmen/Division of TCU PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

 1. That under the current Agreement the Carrier improperly assigned the derrick operator's position on November 11 and 12, 1988 at Birmingham, Alabama.

 2. That accordingly, the Carrier be ordered to pay Carman B. D. Hand twenty-six (26) hours pay at the overtime rate.

 FINDINGS:
The Second Division of the Adjustment Board upon the whole record andall the evidence, finds that:

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

This Claim deals with actions taken by the Carrier concerning a derailment and resultant problems with hazardous material.

 The Claimant asserts that the Carrier violated the Agreement since it did not use Carmen to perform carmen duties.

 The record shows a switching of certain positions and some possible confusion of assignments on the days in question. Nonetheless, the Claimant was designated in a standby capacity for certain labor, and the Carrier did not utilize him; but instead used another employee who was designated into a Foreman's position.
 Form 1 Award No. 12063
 Page 2 Docket No. 11976
 91-2-90-2-85

 We find a violation, but the request for relief appears to be excessive, since the record shows that the Claimant did perform compensated service for portions of the time involved. Thus, we award the Claimant straight time rates for the time he was not already compensated during the claim period of November 11 and 12, 1988. In this regard see the final sentence of Second Division Award 10984, i.e. "In view of the fact the Claimant was working, this Award is limited to the difference in the rates of pay for the hours in question."




                          By Order of Second Division


                    loe


Attest:
        ncy J.~ er - Executive Secretary `ow


Dated at Chicago, Illinois, this 5th day of June 1991.