Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12439
 SECOND DIVISION Docket No. 12137
 92-2-90-2-286
 The Second Division consisted of the regular members and in
 addition Referee Herbert L. Marx, Jr. when award was rendered.

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

STATEMENT OF CLAIM:

 1. That the Southern Railway Company violated the terms and conditions of the controlling agreement on September 27, 1989 at Attalla, Alabama when they failed to call Carm&n J. 0. James to a derailment at his home point. This is in violation of Rules 141 and 138 of the Agreement.

 2. That accordingly, the Southern Railway Company now be ordered to provide the proper relief by compensating Carman J. 0. James for seven (7) hours pay at the overtime rate in effect on September 27, 1989 for this violation.

 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 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.

The Claimant is assigned as a Carmen at Attalla, Alabama, a "one-man" point. On September 27, 1989, a derailment occurred near Attalla. The Carrier dispatched two Carmen with equipment from Birmingham to rerail the locomotives and cars.

 The Organization contends that the Claimant should have been called in view of his assignment at Attalla. During the claim handling procedure on the property, the Organization cited Rules 138 and 141. While defining the work at "one-man" points, these Rules do not address the question at point here. As argued by the Carrier, there is no showing that the Claimant enjoyed preference in derailment work to other Carmen in the area.
 Form 1 Award No. 12439
 Page 2 Docket No. 12137
 92-2-90-2-286






                          By Order of Second Division


Attest:
        Nancy J. r v -Executive Secretary


Dated at Chicago, Illinois, this 30th day of September 1992.