Since the work performed by B&B Helpers Dow and Powers, July 28 and 29, 1951 was not work normally attached to their assignments as B&B Helpers on Gang No. 9, but instead was special work in that it involved the loading, transporting and unloading of a pump belonging to the Prepakt Company, it is not considered that Mr. Meadows was under any obligation to use Santa Fe employes in connection therewith and the fact that he did, should in no way jeopardize the Carrier.

The Employes' claim for twenty-two (22) hours at the rate of time and one-half is also improper and contrary t0 the Beard's consistent holding that the right to work is not the equivalent of work performed under the overtime and call rules, and that the payment at pro rata rate is all that is required under such circumstances. See Third Division Awards Nos. 5195, 5261, 5419, 5437, 5546, 5548, 5708, 5764 and others.

In conclusion the Carrier submits that the claim is without merit and should be denied in its entirety for the following reasons:

1. There is no rule in the Foreman's Agreement or elsewhere providing that overtime must be allotted on the basis of their relative seniority standing.

2. The claimant F. F. Demoret was not available for service in the emergency.

3. Mr. Meadows, representative of the Intrusion Prepakt Company, was under no obligation to call upon Santa Fee employes in any order, seniority or otherwise, to assist him with the loading and transporting of equipment beonging to that Company.

The Carrier is uninformed as to the arguments the Organization will advance in their ex parts submission and accordingly reserves the right to submit additional facts, evidence and argument as it may conclude are required in replying to te Organization's ex parts submission or any subsequent oral arguments or briefs placed by the Organization in this dispute.

All that is contained herein is either known or available to the Employes or their representatives.

(Exhibits not reproduced)

OPINION OF BOARD: During the 1951 flood, high water caused a hole in the road bed at MP 30 west of Lawrence. Kansas, on July 28, 1951 as a result of which the main line was out of service. Intrusion Prepakt Company had a representative C. H. Meadows, supervising some instrusion prepakt work being done at Garnett Kansas. That Company had a pump used in such work so the Carrier's Division Engineer contacted Meadows requesting permission to use the pump at MP 30. Meadows attempted to contact the foreman of the B&B gang at Garnett but could not do so. He then went to the trailer camp where claimant and other workers in the B&B gang lived. Claimant was not there. Meadows enlisted the help that was readily available to assist in loading the pump on a truck and to assist in operating it at MP 30.

Such are the essential facts of the case and considering all of the circumstances we are unable to find that claimant was available when Meadows enlisted such emergency assistance. Consequently it cannot be said that the Carrier violated its Agreement.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

The Agreement was not violated.

AWARD