track department employes who held seniority on the Chattanooga Division were notified to go to Kingston to augment and assist the Atlanta Division track department employes in clearing the wreckage and repairing the damage.

The Claimants, track laborers with seniority in the Atlanta Division, but in furlough status, were available but not called. The work was assigned to the Chattanooga Division track department in violation of Rule 4 (a), 13 (c) and 26 (c), of the current agreement. The pertinent portions read as follows:

"The seniority of division employes will be restricted to the sub. department in which employed and to the following seniority districts: present Atlanta Division; Chattanooga Division; Huntsville Division; Nashville Division; and Paducah and Memphis Division.

Construction sub-department employes shall have system seniority."

Rule 26 (c) in its pertinent sections reads as follows:

"Employes laid off by reason of force reduction in order to retain their seniority rights, must, within ten (10) days from the date cut off either place themselves or file their address, in writing, with the proper official . . . .

The record states and has not been denied that the Claimants complied with Rule 26 (c).

Rule 13 (c) in its pertinent sections reads as follows:

When temporary vacancies or temporary positions as laborer in B&B gangs are filled, employes temporarily out of the service on account of force reduction will be called back to the service in order of their seniority."

The record reveals no contention on behalf of the Carrier that any effort was made to obtain the furloughed Atlanta Division laborers for service at the time in question.

The Claimants contended that no effort was made to call them for the work assignment although they could be located within the vicinity of the derailment. Foremen in other seniority districts, at considerable distance from the work, rounded up their gangs and performed the Claimants' work. Further, Claimants offered evidence that the Carrier had instructed a foreman not to call cut off men and none were so utilized.

The Carrier contended that the derailment at Kingston, created an emergency situation which required prompt handling in order to repair the damage and get trains in operation.

It is the opinion of this Board that the Carrier has failed to answer with cogent evidence why no furloughed employes of the Atlanta District were utilized, whereas employes of extra gangs from other seniority districts were used. Did the emergency situation justify a failure to call furloughed men? We think no. The crews utilized from the Chattanooga Division had to be gathered up from around their area, and considerable time taken to get them to the derailment.

If the Rules require that furloughed men should be used in their district no effort was made to recruit them on this occasion. Furthermore, the emergency situation does not indicate from the record that Atlanta Division laborers were not more available than Chattanooga Division men.

Thus we are of the opinion that the contentions of the Claimants are well taken.

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;

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

That the Agreement has been violated.

AWARD