(Brotherhood of maintenance of way Employes PARTIES TO DISPUTE: (The Baltimore and Ohio Railroad Company.

(1) The Agreement was violated on Sunday, February 27, 1977, when Trackman Donald G. Hustedde was called and used for overtime service from 7:30 A.M. to 1:00 P.M. instead of calling and using senior Trackman
 li Raymond R. Silvey for such service (System File ST .L-1415/2-MG-1850).

 (2) As a consequence of the aforesaid violation, Claimant Raymond R. Silvey shall be allowed pay at his time and one-half rate for as equal amount of overtime as was worked by Junior Trackman Hustedde on February 27, 1977."

 OPMOi6 OF BOARD: Both the Claimant, and Employe Hustedde, are
 regularly assigned trackman, and both work Monday
 through Friday, with. Saturdays and Sundays designated as rest days. The
 Claimant is senior to Hustedde.

 On the claim date, the Carrier called and utilized the services of yustedde to clean snow from switches, rather than calling and utilizing the services of the Claimant.

 The record indicates that the Claimant was home and available to be called to perform the work in question.

 On the property, the Carrier attempted to justify its action because the situation "was an emergency", sad Hustedde lived closer to the location in question. Nonetheless, our review of the record confirms that the Claimant was never called and, inasmuch as the distances from each employe's home to the work site is 44.1 miles versus 61.3 miles, there is no reason- to conclude that Iiustedde could have arrived at the job site sig<aificantly earlier than the Claimants and we are unable to find, from a thorough review of the record, that the Carrier has presented sufficient evidence to warrant our conclusion that, in fact, an emergency existed.
        Accordingly, we will sustain the claim.

                      Award Number 22518 page 2

                    Docket Number W-22581


        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 H A R D


        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order,of Third Division


ATTEST:
        Executive Secretary'


Dated at Chicago, Illinois, this 17th day of September 1979.