the L&N Railroad operated L&N train 60 from Flomaton to New Orleans in place of L&N train 99 without advance notice to proper representatives of The Pullman Company. Further, the Company has shown that in the emergency situation regular Conductor S. A. Pomar of the Jacksonville District handled the Pullman equipment on train 60 from Flomaton into New Orleans, as permitted by Rule 36 of the working Agreement. Also, the Company has shown that Birmingham extra Conductor Long, the claimant in this dispute, was not available for the Flomaton assignment within the meaning of Rule 38 and that neither Rule 38 nor any other rule of the working Agreement was violated. Finally, the Company has shown that its position is supported by Third Division Award 3833.

The claim in behalf of Conductor Long is without merit and should be denied.

All data submitted herewith in support of the Company's position have heretofore been submitted in substance to the employe or his representative and made a part of this dispute.

(EXHIBITS NOT REPRODUCED)

OPINION OF BOARD: There is no dispute between the parties concerning the following facts which resulted from a strike of non-operating employes on the L. & N. Railroad, effective at Birmingham on October 24, 1955, and at Montgomery on October 25, 1955:

1. That Train 99, which usually operated between Cincinnati and New Orleans via Flomaton, with Cincinnati District Conductors in charge, was cancelled and did not operate south of Nashville.

2. That, on October 25, Claimant Conductor Long was assigned by the New Orleans District to deadhead to his home terminal at Birmingham; he deadheaded on Train 6 to Montgomery and then by bus to Birmingham.

3. That, on October 26, Train 60 from Jacksonville to Flomaton ran through to New Orleans with Conductor Pomar, who elected to remain thereon account of there being no Pullman agent at Flomaton and no conductor on hand to relieve him at that point.

The employes state that the determining point in this controversy is the availability of Conductor Long for the assignment to Train 60, Flomaton to New Orleans on October 26, 1955. The facts show that the Carrier properly assigned the claimant on October 25 to deadhead to his home terminal at Birmingham. The claimant did deadhead on Train 6 to Montgomery and when he reached Montgomery, due to a strike of non-operating employes of the L. & N. Railroad, Train No. 6 did not operate North of Montgomery on that date. Claimant Conductor Long was notified at Montgomery to deadhead from Montgomery to Birmingham via bus. Before we can ascertain whether or not the claimant was available for assignment to Train 60, Flomaton to New Orleans on October 26, 1955, we must first ascertain whether or not the Carrier could have properly annulled claimant's deadhead assignment at Montgomery on October 25. As the petitioner admits, there was no emergency on October 25 at Montgomery insofar as this claimant was concerned. Rule 38 (b) of the effective agreement specifies the conditions under which Management has the right to annul an extra conductor's assignment. From a careful reading of Rule 38 (b), none of the conditions apply to the present situation. And if the

Carrier had annulled the claimant's assignment on October 25, it would have violated Rule 38 (b). The last paragraph of Rule 38 (b) states:

"It is understood that Management has the right to change an extra conductor's assignment when the destination of his train is changed en route, in which event the conductor will continue to the new destination."

The destination of the claimant's deadhead train was not changed en route. The train was terminated at Montgomery due to the srike. Therefore, the claimant conductor could not continue to the new destination of the train and the Carrier had the right to have him continue on his October 25 assignment to Birmingham by bus. Under these conditions, the claimant was not available on October 26 for the assignment on L. & N. Train 60-99 from Flomaton, Alabama, to New Orleans, Louisiana. Therefore this claim will be denied.

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

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

AWARD