rule, will be permitted to go on adjoining territory in order to clear the trouble for which they were called."

POSITION OF CARRIER: It is the Carrier's position that Mr. Shearin was not deprived of work in violation of Rule 17. The regularly assigned Signal Maintainer on the territory was called to correct the signal trouble and when he could not protect the call account sickness it was permissible, under Rule 17, to call the adjoining Signal Maintainer because Assistant Maintainer Shearin was not qualified to handle this particular case of signal trouble alone. Mr. Shearin was properly called to accompany the adjoining Signal Maintainer to the point of trouble; however, he did not respond to the call and was, therefore, not available to protect the call. I know of no contractual provision that would require the Carrier in this case to have called Mr. Shearin and have him stand by on penalty time awaiting the arrival of the Maintainer from Swansea.

The Brotherhood took the position that Carrier should have called Assistant Maintainer Shearin first before calling adjoining Signal Maintainer and that no doubt if that had been done Mr. Shearin would have received the call but after the Maintainer arrived at Columbia it was near midnight and there was a less possibility that Mr. Shearin would hear his telephone, thereby depriving him of the call-in fact the General Chairman of the Broherhood stated it would have been a violation of Rule 17 if Carrier had even called Mr. Shearin five minutes after it called the adjoining Signal Maintainer.

Rule 17 means that the proper employe will have first preference for such calls for trouble on his assigned territory. This was complied with when regular Signal Maintainer was called and when he (the regular assignee) could not respond it was permissible to then call another available Signal Maintainer.

Mr. Shearin did not work on the night in question solely by his own actions in not being available when called and there is no merit to the claim.

Carrier affirmatively states that all data contained herein has been made known to Brotherhood representative.

OPINION OF BOARD: The claimant, an assistant signal maintainer, and the signal maintainer with whom he worked were regularly assigned at Columbia, South Carolina, with territory north of that point. On November 9, 1952, signal trouble developed on territory to which claimant was assigned. The signal maintainer assigned to this territory was called but was unable to respond because of illness, whereupon the signal maintainer assigned to the adjoining territory was called at his headquarters 21 miles south of Columbia and instructed to proceed to Columbia. After he arrived at Columbia, he attempted to call claimant for assistance in clearing the signal trouble but received no answer. He then proceeded by himself to check the trouble. It is conceded that claimant was not registered absent at the time in question.

The Employes maintain that pursuant to Rule 17, set forth below, claimant should have been called first before the Carrier called other available employes.

The Carrier maintains that in its judgment the trouble on claimant's territory required the services of a signal maintainer and not being able to use the regularly assigned maintainer, it called the adjoining maintainer in accordance with the provisions of Rule 17. Carrier asserts it was under no obligation to call claimant first and have him stand by on penalty time awaiting the maintainer from the adjoining territory. Carrier relies on Rule 17, particularly the last sentence, and Rules 16 (b) and 6 (a).

"RULE 17. Subject to Call-

Employes will be free to leave their home station after regular tour of duty. However, signal employes assigned to or filling

maintainer positions will notify the signal supervisor and chief dispatcher, on their respective territory, of their residence and telephone number, if they have a telephone, and will respond as promptly as conditions will permit, when called for service outside of regular assigned working hours; signal maintainers and assistant signal maintainers who desire to be off 'subject to call' will notify the dispatcher on their respective Division that they will not be available for calls, and will advise him when they expect to return. Unless registered absent, as above, the regular assignees, or employes filling such positions, who can be called by telephone or reside within calling distance and calling facilities are available, will be called first for trouble on their assigned section or territory. In event the regular assignee, or employe filling the position, is not available, or needs assistance, other available employes covered by this agreement may be used."

"RULE 16. Overtime and Calls-

(b) Employes notified or called to perform service outside of regular working hours will be paid a minimum allowance of two (2) hours and forty (40) minutes at the time and one-half rate. Time in excess of two (2) hours and forty (40) minutes to be paid for at the overtime rate and on the actual minute basis. The time of employes notified will begin at the time required to report and will end when released. Time of employes called will begin at the time called and end when they return to designated point at home station."

"RULE 6. Assistant Signalman-Assistant Signal Maintainer-

(a) An employe in training for a position of signalman or signal maintainer, working with and under the direction of a signalman or signal maintainer, shall be classified as an assistant signalman or assistant signal maintainer. He shall have common headquarters with the signalman or signal maintainer under whom working.

NOTE: Insertion of the word 'with' in this paragraph is not intended to restrict assistants from performing work under the direction of a signalman or signal maintainer. It is not intended that the word 'with' means that assistants must work within any specified zone of distance in performing the work under the direction of a mechanic. Likewise, it is not intended that assistants be sent out alone and on their own responsibility to perform bona fide mechanics' work."

Reading Rules 17 and 6 (a) together we have no hesitation in finding that under the circumstances present in this record the Carrier had no obligation to call claimant before it called the adjoining signal maintainer. The Note to Rule 6 (a) is clear and the provisions of Rule 17 were adhered to. The regular assignee referred to in Rule 17 who was entitled to be called first was the signal maintainer and he was the one first called by the Carrier. The assistant signal maintainer did not become the assignee of the signal maintainer's position and was not the employe filling that position. The Carrier's obligation to him was fulfilled when be was called to assist the signal maintainer properly called from the adjacent territory.

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 Tune 21, 1934 ;

The Agreement was not violated.

AWARD