NATIONAL RAILROAD ADJUSMENT BOARD

              Award Number 23103

              THLRD DIVISION Docket Number MW-22887


                Joseph A. Sickles, Referee (Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE
                            (Chicago, Milwaukee, St. Paul and Pacific Railroad Company


                STAT_= OF CLAItd: "Claim of the System Committee of the Brotherhood that:

                                 (1) The Carrier violated the Agreement when it used Assistant Roadmaster Gary Schuler to clean snow from switches from 4:15 A.M. to 1:45 ?.h;. On November 23, 1977 (System File C#17/D-2119).

                      (2) Because of the aforesaid violation, Section Laborer Cregory

                ;Cart tz be allowed three hours and forty-five minutes of pay at his time and
                                 one-half rate and five hours and .forty-five minutes of pay at his straight
                                 time rate."

                                 OP:.TIO:T OF BOARD: On the claim date, the Claimant was instructed to clean
                                 snow from the switches. Although the Carrier customarily assi.^zns a section laborer to travel with the snow plow to remove snow from switches deposited by the plow, in this instance, the Carrier utilized the serrice of an Assistant Roadmaster for that task. '^:e Claimant asserts that he was available and oualified to have performed that work, had he been affor--ed the opportunity to do so.

                                 The correspondence exchanged on the property indicates that t=a Claimant worked from 1:00 A.M. to 8:00 A.M. on the claim date, and that he elected to leave the property at 8:00 A.M., even though he could have worked longer on that date.

                                 ?lie Carrier asserts that the snow conditions created =n emergency situation which mandated immediate action, and that the Claimant was called for duty at 1:CC A.M. for the purpose of snow removal. Voreover, it appears that at approximately 4:15 A.M., snow conditions made it necessary to utilize a snow plow - which was operated by the Roadmaster and Assistant Roadmaster - which (according to the Carrier) is normal procedure.

                                 During that period of time, the Employe continued to work - at an overtime rate - until 3:CO A.:4.
                                Award ITumber 23103 Page 2

                                Docket Number MW-22387


                Regardless of the various assertions concerning exclusivity, emergency, etc., the claim would appear to rest on the fact that the :-)nploye was performing overtime services and chose to go home at 8:00 A.M., which would appear to effectively dispute a basis for his claim. Under the record before us, we are compel
                      F=GS: 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 aployes 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 Adjust=ent Board has jurisdiction over the dispute involved herein; and

                      That the claim be dismissed.


                                  A W A R D


                      Claim dismissed.


                                        YATI0ML RAM-ROAD ALL'iJS2,1-_,"IT BOARD'

                                        By Order of Third Division


                377:5:: /
                 xecutive Secretary

                 sated at China=o, Illinois, this ljth day of Dece=ber 1730.