(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
 of Railroad Signalmen on the Chicago, Rock Island and Pacific Railroad Company that:

 Carrier pay to Signal Maintainer R. W. Hafley additional time equal to 8 hours' overtime he worked May 2, 1972, performing work in the category of ordinary construction.

 OPINION OF HOARD: A derailment occurred on May 2, 1972 at East Moline, 4:00 PIM. and was Illinois. C 7:00 A.M. to 5:30 P.M. to install a
 new switch machine at the site of the derailment. Claimant worked until
 1:30 A.M. the following morning. The Claimant is asking for time at the
 punitive rate for those hours worked.

 There is agreement that if the work was of an emergency nature compensation at the punitive rate would not be required. The Organization contends that inasmuch as site at 5:30 P.M. on May 2, the work performed was not emergency work but ordinary maintenance and construction work.

 We must find for the Carrier in this case. The assertion by the Organization that the emergency had ended is unsupported. The replacement of the switch machine of trains through the derail site on the evening of the accident. The performance of that work is consistent with an emergency situation.



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


                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT HOARD

                          BY Order of Third Division


ATTEST: ~.w p

          Executive Secretary


Dated at Chicago, Illinois, this 17th day of April 1975.
        Dissent to Award No. 20685, Docket No. ;,r,-20425


The iMajority has expanded the word emergency by "a few hours" from what has become to be recognized as a clear.Ly fixed line upon which decisions certain is nature could be made. Now that certainty has been arbitrarily :_ d ur=easonably surrendered for ambiguity, we have :'ailed to meet one of our mandated rurposes, i.e., "to provide for the prompt and ordr!Y ;settlement of all disj^stes growing out of-* the interpretation or a.-plicaticn of ag-ce
    Award No. 20:.85 i.s in error, and I dissent.


                                    V,

                                    w. W. Altus, Jr. Labor Member


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