STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: At approximately 11:20 A. M. on Saturday, October 1, 1966 (a rest day), Extra 446 South derailed at Hayden, Alabama on the North Birmingham Seniority District. At 1:00 P. M. that same day, the Carrier called Machine Operators J. S. Armstrong and L. Motes, as well as other track department employes, some of whom were from South Birmingham Seniority District, to clear the right-of-way and repair the track. The employes called worked continuously until 11:00 P. M. on Sunday, October 2, 1966.
The claimant machine operator, who was not called, has established seniority on the North Birmingham Seniority District in Groups 3, 4 and 5 as of July 8, 1946, whereas Junior Machine Operators J. S. Armstrong and L. Motes have established seniority, on the same seniority district, dating from October 22, 1950 and May 23, 1951, respectively.
The claimant, who had registered his telephone number with the proper Carrier officers in compliance with the provisions of Rule 30(b), was available, willing and qualified to have performed this overtime work had he been called and given an opportunity to do so.
Claim was timely and properly presented and handled by the Employes at all stages of appeal up to and including the Carrier's highest appellate officer.
The Agreement in effect between the two parties to this dispute dated May 1, 1960, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.
Our letter of February 8, 1967, relative to claim of Mr. J. F. Nix, for It hours at overtime rate, October 1, and 5 hours at overtime rate and 18 hours at double time rate, October 2, 1966, on account of two junior employes being used at a wreck at Hayden, Alabama.
Nothing further was heard from the claim until notice was received that President Crotty intended to file an ex parts submission in the matter.
There is on file with the Third Division a copy of the current working rules agreement and by reference it is made a part of this submission.
OPINION OF BOARD: The claim arose because the Claimant machine operator was not called for work in connection with a derailment that occurred on Saturday, October 1, 1966, at about 11:20 A. M., near Hayden, Alabama, but junior machine operators were used.
"30(b) Employes, who desire to be considered for calls under Rule 31, will provide the means by which they may be contacted by telephone, or otherwise, and will register their telephone number with their foremen or immediate supervisory officer. Of those so registered, calls will be made in seniority order as the need arises.
A reasonable effort must be made to contact the senior employe so registered, before proceeding to the next employe on the register. Except for section men living within hailing distance of either their foreman's living quarters or their tool house or headquarters station, and for men living in camp cars when they are present at the camp cars, an employe not registered as above shall not have any claim on account of not being worked on calls."
was nevertheless obligated to make a reasonable effort to call the senior employe. See Awards 13474 and 15048, involving the same parties. The present dispute is clearly distinguishable from the one covered by Award 15846, cited by the Carrier. We will sustain the claim.
FINDINGS: The 'Third Division of the Adjustment Board, 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