(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when it assigned Midland Valley Railroad Company employes to perform overtime service on the Kansas, Oklahoma & Gulf Railway Company in the vicinity of Allen, Oklahoma on October 10, 1970 (System File K-310-79).

 (2) Messrs. G. W. Hall and K. R. Austin each be allowed fifteen and one-half (15-1/2) hours of pay at their respective time and one-half rates and one (1) hour of pay at their respective double time rates and Messrs. B. Wright, G. E. Jumper, C. L. Ford and E. W. Ivey each be allowed sixteen (16) hours of pay at their respective time and one-half rates and one-half (1/2) hour of pay at their respective double time rates because of the violation referred to in Part (1) hereof.

 OPINION OF BOARD: Claimants are regularly assigned to Extra Gang No. 401
 headquartered at Muskogee, Oklahoma. A washout occurred in the vicinity of Allen, Oklahoma. Carrier assigned Extra Gang 401, on whose territory the washout occ Claimants' Gang worked from 7:00 A.M. on October 9, 1970 until released at 7:30 A.M. on October 10, 1970. The Stigler Gang, from the other seniority territory, who also commenced service at 7:30 A.M. October 9, 1970, were released around midnight after sixteen and one-half (16k) hours' service and returned at 7:00 A.M. on October 10, 1970, relieving members of Extra Gang No. 401 who had completed twenty-four (24) repairs after sixteen and one-half (16k) hours of service on October 10, 1970. It is the contention of Claimants of Extra Gang No. 401 that they should have been permitted to continue work on October 10, 1970 and to have received the additional overtime bec
The record in this case shows that Carrier relieved the Stigler Gang after sixteen (16) hours' work; retaining Extra Gang No. 401 until 7:00 A.M. the following morning. It is apparent that the emergency duration, being unpredictable, necessitated rec forces who had been on continuous duty for twenty-four (24) hours.

 Upon the record presented, we find that Extra Gang No. 401, as it was composed, were accorded work rights within their work efficiency. We find no basis on the facts of record for an affirmative Award and will dismiss the claim.
                Docket I:uraber MW-19775


        FIIIDIIZS: 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 Employes within the meaning of the Railuay Labor Act, as approved June 21, 1934;

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

        That the claim be dismissed.


                      A W A R D


        Claim dismissed.


                            NATIOIIAL RAILROAD ADJUSTMIT BOARD

                            By Order of Third Division


        ATTEST: Executive Secretary


Dated at Chicago, Illinois, this 20th day of June 1973.