(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 failed and refused to allow certain employes (named in Parts (2) and (3) below) to work their regular assignment between 7:30 A.M. and 4:00 P.M. on July 20, 1972 and, as a consequence thereof

 (2) Trackmen D. Williams, M. E. Spencer, L. J. Keyser, E. Szalabawka, D. W. Miller, E. Picklesimer, E. Damron and E. Ratliff each be allowed four (4) hours of pay at their straight-time rates

(3) Extra Gang Employes 0. S. Langford, J. L. Farnsworth, J. R. ' Knipp and B&B Employes Ambrose Williams, Frederick Newman and Mark Steingass each be allowed spective straight-time rates.

 OPINION OF BOARD: After the derailment of 17 cars of a westbound through
 freight on July 19, 1972 Carrier dispatched track gangs and a B&B gang to the scene. They worked continuously from 7:30 a.m. on July 19 to 6:00 a.m. on July 20, twenty two hours.

 There were relieved and instructed to report at 11:30 a.m. on July 20, 1972. Their work was again stopped at 7:30 p.m. For this eight hour period (30 minutes out for lunch) they were paid four hours pro rata and four hours at the punitive rate,ten hours.



Carrier believes that Rule 33 does not apply here because, in its view, claimants were not in "regularly assigned service." While it is true that the Board has given Carrier relief from the strict application of certain riles in cases involv to cover what occurred here. While the derailment certainly caused an emergency, the claimants were the meaning of Rule 33. The tern "regularly assigned service" is used in that Rule to refer to service which has consistency and uniformity as to onduty time, work days, res Award Number 20460
 Docket Number MW-20537

 Page 2

 assigned service" is not altered by an emergency which causes the incumbents to work long hours. thirty-six hours notice of a change in starting time.

 Claimants have discussed other Rules which singly and in combination may have been violated by C It is unnecessary to treat with them because the clear violation of Rule 33 means the claim must be sustained. The long hours which were necessary must have been a physical burden to claimants. They were also a monetary burden to Carrier by way of punitive time. The Rules call for the application of the punitive rate a written. If they are too stringent, relief must be sought in the avenue provided by the REA.

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 Railway Labor Act, as approved June 21, 1934;

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

 That the Agreement was violated.

 A W A R D
Claim sustained.

 ATTEST: &I em or
 Executive Secretary

 Dated at Chicago, Illinois, this 25th

 Board has jurisdiction

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 day of October 1974.
 CAnRIM :r"IdBERS' DIS2Eri i0 AWARD NO. 20460
 DOCn-T i?0. hM-20537 - (RW FREE EIGETT)
The record before us is clear and a derailment of 17 cars occurred. An emergency existed. Carrier dispatched the track gangs and a B&B gang to the scene. Under no stretch of the imagination could this be considered "regularly assigned service'.

 Award No. 20460 is in error and we dissent.

 F. td. Braidwood

 P. C. Carter

 W. B. Jones

 G. L. Naylor