Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28065
 THIRD DIVISION Docket No. MW-26609
 89-3-85-3-357
 The Third Division consisted of the regular members and in
 addition Referee Edward L. Suntrup when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when, on January 17 and 18, 1984, it assigned Pennsylvania Subdivision Gangs T-43 and T-44 (Kingsley Gangs) to perform track repair work at East Binghamton Yard on the Susquehanna Subdivision instead of recalling and assigning furloughed Susquehanna Subdivision employes [BMWE Gro
(2) As a consequence of the aforesaid violation, Susquehanna Subdivision Employes T. Clapper, E. Collins, J. Ippolito, V. Miner, III, E. Jones and W. Hurley shall each be allowed eight (8) hours pay at their respective pro rata rates and ten and one-half (10 1/2) hours pay at their respective time and one-half rates."

 FINDINGS:

 The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

At the time of this claim the Claimants held seniority as Trackmen on the Carrier's Susquehanna Sub-Division. They were on furlough. In January, 1984, there was a derailment at the Carrier's East Binghamton Yard in Conklin, New York. As a result of this the Carrier used regular forces from a seniority district different fr rather than recall the Claimants. A claim was filed by the Organization on grounds that the Carrier was in violation of Rule 3 of the Agreement because it used forces from the wrong seniority district to do repairs after the derailment.
 Form 1
 Page 2

 Award No. 28065
 Docket No. MW-26609
 89-3-85-3-357

 The Rules at bar in this case are the following:

 (a) Seniority rights of employes, except as provided in (b) and (c), are confined to the sub-department and class in which employed and to the sub-division on which they are located as herein defined.

 Track Department:
 Pennsylvania Sub-division
 Susquehanna Sub-division
 Saratoga Sub-division
 Champlain Sub-division

 Bridge and Building Department:
 Pennsylvania Sub-division
 Susquehanna Sub-division
 Saratoga Sub-division
 Champlain Sub-division

 (b) Seniority rights of trackmen and laborers will
 be restricted to their respective gangs, except
 that, when forces are reduced, they may exercise
 displacement on their seniority sub-division.

 (c) Seniority rights of steel bridge men and
 equipment operators as such, shall extend over the
 entire system.

 The carrier shall have the right to use furloughed employes to perform extra work, and relief work on regular positions during absence of regular occupants, provided such employes have signified in the manner provided in paragraph 2 hereof their desire to be so used. This provision is not intended to supersede rules or practices which permit employes to place themselves on vacancies on preferred positions in their seniority districts, it being under filled, on the last position that is to be filled. This does not supersede rules that require the filling of temporary vacancies. It is also understood that management retains the right to use the regular employe, under pertinent rules of the agreement, rather than call a furloughed employe."
 Form 1 Award No. 28065
 Page 3 Docket No. MW-26609
 89-3-85-3-357

 The Carrier denied the claim on grounds that an emergency existed which permitted it to go to the "...nearest available gangs" until management determined that the emergency ceased. On appeal, however, the District Chairman argued as follows:

The Organization underlines that if the Carrier's reasoning was correct it ought to have called gangs from other districts than the Pennsylvania Subdivision who could have bee (2) hours." But the Carrier did not do so. The organization also argues that the historically established definition of an "emergency" is that such ceases when a train is able to pass a point of derailment, as opposed to the definition given by the Carrie offers, for the record, statements by various members of the craft attesting to the historical application of Rule 3 under circumstances parallel to those outlined in this case.

 Review of the record, including the language of Rule 3, and historical precedent dealing with it Carrier was in violation of Rule 3 when it assigned the two Pennsylvania gangs (T-43 and 44) to work on the East Binghamton Yard derailment in lieu of calling the furloughed Claim defense based on Rule 42(1) which deals with extra work is insufficient to nullify application of Rule 3 to the instant circumstances. The importance of "point seniority" has been underscored by the Board in the past and the instant Award but reaffirms 4667, 11752 inter alia). Awards from the Board have occasionally denied claims such as the instant one on grounds that the work done by craft members from the wrong seniority district was incidental or _de minimus (See Second Division Awards 10794 through 10800, 10938, 11083, 11085). The record before the Board in this case rules out such conclusions.

 Appropriate relief is pro rata rate at sixteen (16) hours for January 17 and 18, 1984, and two and one half (2 1/2) hours at overtime rate for January 17, 1984.
 Form 1 Award No. 28065
 Page 4 Docket No. MW-26609
 89-3-85-3-357

        Claim sustained in accordance with the Findings.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


          00 or


Attest:
        ancy J. D Executive Secretary


Dated at Chicago, Illinois, this 10th day of August 1989.