(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Elgin, Joliet and Eastern Railway Company:

 Claim on behalf of Sheridan Vale for 2 hours' pay at the punitive rate of pay account of being required to work overtime at Crossover Switch No. 74 at Stockton No. 2, on July 28, 1983 and not being paid in accordance with Rule 14. Carrier file RS-2-83."

 OPINION OF BOARD: The Organization contends that Carrier violated Rule 14 of
 the Controlling Agreement, when it (Carrier) failed to
 compensate properly Claimant for two hours pay at his punitive rate of pay
 when he was assigned regular or ordinary service outside of his regular
 assigned hours on July 28, 1983. It asserts that Rule 14 requires that
 monthly rated employes assigned to perform regular or outside service outside
 of regular assigned hours be paid at the overtime rate provided in the
 Agreement. The Organization maintains that an emergency was not present as
 contended by Carrier when Claimant repaired the No. 74 crossover switch and
 accordingly, argues that he is entitled to the overtime payment requested. It
 observes that an emergency as defined in Rule 42 of the Agreement includes
 such contingencies as a flood, snowstorm, hurricane, tornado, earthquake, fire
 or labor dispute. Rule 14 reads:





                    Docket Number SG-26110


Carrier does not deny the basic interpretation that monthly rated employes assigned to perform regular or ordinary service outside of regularly assigned hours are entitled to overtime compensation, but argues that a recognizable exception was present, namely an emergency which precludes the application of the overtime requirement. It asserts that the loss of a centralized traffic control power switch created an emergency situation that necessitated, by definition, prompt and effective corrective action. It avers that due to the heat that day, the rail displaced to such an extent that the mechanism of the power switch made the crossover switch inoperable. It notes that the density of road and yard traffic as measured by ton miles, ranks the highest on the property and thus, any unpredictable, sudden cessation of traffic would have to be considered an emergency. In effect, it contends that since excessive heat (weather) caused the running rail and switch points to be displaced and since no amount of preventive maintenance could have prevented this outcome, it would be illogical to conclude that an emergency was not present.

 In our review of this case, we concur with Carrier's position. In a predecessor Award dealing with an essentially similar issue and involving the same parties, we found that the repair of a gate arm at a public highway crossing constituted emergency duty and we denied the claim for overtime. (See Third Division Award No. 25851.) Based on the record herein and consistent with our determination in Third Division Award No. 25851, we find that an emergency existed at No. 74 crossover at Stockton, Indiana on July 28, 1983. We find no distinction that would warrant a variant interpretation or a finding that said work was clearly of a regular or ordinary nature and, as such, we are compelled to deny thg claim.

        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 not violated.

                    Award Number 26026 Page 3

                    Docket Number SG-26110

                    A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:
        Nancy T~6er - Executive Secretary


Dated at Chicago, Illinois this 28th day of May 1986.