(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Chicago, Milwaukee, St. Paul & Pacific ( Railroad Company

1) Carrier violated the Clerks' Rules Agreement at Tacoma, Washington when it used an employe of another craft to load bridge material on March 15, 1976.

 2) Carrier shall now be required to compensate the following employes for a three (3) hour call at the pro rata rate of their respective positions on March 15, 1976:


                    L. L. Palmer

                    A. W. Park


OPINION OF BOARD: The five Claimants are all regularly assigned
 employes in the Material Division, Seniority
 District No. 116, Tacoma, Washington. They filed this claim alleging
 that on March 15, 1976, the Carrier failed to call them to load
 bridge material. They each seek compensation for a three-hour call
 at the pro rata rate of their respective positions.

 The Claimants allege that the Scope Rule and past practice grant them the work of loading bridge material and that the Carrier, therefore, violated the Agreement when it required employes of the B & B Department to load material for transportation to a damaged bridge. The employes offer in evidence a statement dated August 31, 1976, signed by D. D. Barta, a Crane Operator and Local Chairman of the B.M.W.E., Local 98. The statement reads as follows:
                    Award Number 22303 Page 2

                    Docket Number CL-22203


        "On March 15, 1976 I was the Crane (Operator Maintenance of Way Employes). This is my permanent assignment with the Milwaukee Railroad.


        On March 15, 1976 from 11: AM to 12:15 PM, I was instructed to load emergency bridge material by Mr. J. Gutterizz Foreman B & B Dept. Thier (sic) was also two (2) first class carpentars (sic) assigned to assit (sic) me, on loading the material.


        I stated to Mr. Guitterizz that this was work belonging to the Material Dept. at Tacoma. He agreed but told me to load it anyway, by order of Chief Carpenter R. L. Shanklin B & B Dept. (Maint. of Way Employes)


        I have loaded emergency bridge material before, but was stopped by Mr. J. G. Waldman, DMM, because it was not our work.


        This material was loaded on a tractor trailor (sic) rig, for shipment to Easton, Wash."


The Carrier defends the action herein by asserting an emergenc( However, the record fails to prove that an emergency situation existed. The evidence shows that a considerable amount of time elapsed between the time the Carrier was notified of the problem and the time it instructed the employes to load the material. The evidence does not tend to ?=that, the Carrier acted in a manner

 consistent with an emergency siioThe intent of the Agreement was to reserve this type work to this craft. Therefore, we find that the Agreement was violated by the assignment of the three employes involved.

 The record clearly indicates that this work was performed by three men working 1 hour 15 minutes each, for a total of 3 hours 45 minutes. It is, therefore, apparent that the five men could have performed the work in 45 minutes each. Therefore, the claim for the three-hour call is not supported. The Carrier is required to compensate each of the five Claimants 45 minutes at the pro rata rate of their respective positions March 15, 1976.
                    Award Number 22303 Page 3

                    Docket Number CL-22203


        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 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

        That the Agreement was violated.


                    A W A R D


        Claim sustained as per Opinion.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


        ATTEST: ~~ Executive Secretary


        Dated at Chicago, Illinois, this 22nd day of February 1979.