(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employees (PARTIES TO DISPUTE: (The Central Railroad Company of '.Jew Jersey ( (R. D. Timpany - Trustee)

(A) Carrier violated Rule Nos. 7(b), 9(b)(5), Article 4(b) of Memorandum of Agreement effective 1961), and other rules of the Clerks' Agreement, on December 9, 1970, at Dock 13, Jersey City, New Jersey, when they failed to order out Gang No. 46 (1 Checker and 4 Laborers) on the second trick and

 (B) Carrier shall be required to compensate Messrs. J. Liptak (Checker) and J. Goode, J. Chasnocha, C. Dudley and M, Gebrian (Laborers) an additional day's pay, at existing rate plus national increase, for December 9, 1970, and

 (C) Cartier shall be required to compensate the first furloughed Group 1 employee as Checker, and four (4) furloughed Group 2 employees as Laborers a day's pay each at the existing rate, plus national increases for December 9, 1970.

 OPINION OF BOARD: On December 9, 1970, in anticipation of a strike called for
 12:01 a.m. by the clerks' organization of the Carrier, the
 World Trade Center requested the Carrier to load all steel possible for trans
 shipment to the World Trade Center site so that their construction work would
 not be affected by the strike at the rail yards. The carr!er, therefore, polled
 all 15 men on the first shift to work overtime, but all the men refused with
 the exception of an extra laborer, who was qualified as a crane operator. This
 laborer was assigned to work overtime as a second crane operator to assist the
 regular second shift crew.

 The Organization contends that the Carrier operated two cranes with one hoisting gang and that this is a violation of the Manning Tables as set forth in Article 4(B) of the memorandum of agreement effective November 1, 1955 and revised March 1, 1961, which reads as follows: "Hoisting gangs shall consist of one (1) checker, one (1) Crane operator and four (4) Laborers for each crane operated-" It is not disputed that the Carrier operated two (2) cranes with one (1) hoisting gang.


      In addition, the Organization claims that the Carrier should have commenced to call in Gang #46 which had been furloughed at the close of business on December 4, 1970 before anyone was offered overtime.


      The Carrier submits that it "is entitled to some degree of discretion in the application of thes fully related below:


      "It is Carrier's position that an emergency condition existed, in view of the request of the World Trade Center eleven hours in advance of a scheduled strike by the craft whose members normally perform the work required, and there was insufficient time in which to call out furloughed employees. Carrier was not motivated by an intent to circumvent the agreement, nor did it act in a capricious or arbitrary manner, especially in view of our attempt in requesting employees to work overtime, but acted prudently and in good faith to meet the emergency in the best interest of its business. Carrier's responsibility to its shippers should not be taken lightly nor disregarded, as it is our inherent duty to arrange work in such a manner as to provide efficient, economic and satisfactory service to its shippers."


      "Emergency has been defined as an unforeseen combination of circumstances requiring immediate ac have consistently recognized that a Carrier, in an emergency, has a much broader latitude in its operation in assigning employes than under normal circumstances, and should not be obligated to exercise that care and thoughtfulness in its action which would be required under ordinary conditions. A position which is created by an emergency is, by its own nature, temporary, and is limited not only by the duration of the emergency but also by the length of time employes can reasonably and effectively provide a service."


      The nub of this dispute is whether an emergency existed on December 9, 1970 which would relieve the Carrier of its responsibility to abide by the provisions of the agreement cited above. This Board has defined emergency as an unforeseen combination of circumstances requiring immediate action and has consistently recognized that if in fact an emergency exists a Carrier has much broader latitude in making assignments than under nor-ial circumstances. (Awards #3514, 11151, 16346)


      It is not disputed that :he Carrier had ample advance notice of the clerks' strike and that the World Trade Center made its request eleven (11) hours before the strike deadline. Therefore, there was ample time for the Carrier to call the furloughed gang before attempting to double regularly assigned employees. This Board finds that the circumstances of this case were not of an emergency nature which would relieve the Carrier from making reasonable efforts to abide b


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                  Award Number 19529 page 3

                  Docket Number CL-19555


        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and E-ioloyes 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 violated.


                    A W A R D


        The claim is sustained.


                            NATIONAL RAILROAD ADJUSTDIENT BOARD

                            By Order of Third Division


        ATTEST: ~~ ./ Aemo Executive Secretary `r


        Dated at Chicago, Illinois, this 20th day of December 1972.


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