Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28384
 THIRD DIVISION Docket No. MW-27410
 90-3-86-3-651
 The Third Division consisted of the regular members and in
 addition Referee Rodney E. Dennis 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 it assigned outside forces to repair water lines on its right-of-way at Gila Bend, Arizona on December 15 and 21, 1984 and January 10, 1985 (Carrier's File MofW 152-1022).

 (2) The Carrier also violated Article IV of the May 17, 1968 National Agreement when it did not intention to contract said work.

 (3) As a consequence of the aforesaid violation, Foreman J. L. Jackson, Assistant Foreman S. C. Heinz and furloughed Mechanic J. P. Prentice shall each be allowed pay at their respective straight time rates for an equal proportionate share of the thirty-three (33) man-hours expended by outside forces in performing the work referred to in Part (1) hereof."

 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.

On December 15 and 21, 1984, and on January 10, 1985, Carrier employed outside forces to repair Gila Bend, Arizona. The Organization contends that this use of outside forces was a violation of the Agreement and requests that the named Claimants share equally in the 33 man-hours expended by the outside forces.
 Form 1 Award No. 28384
 Page 2 Docket No. MW-27410
 90-3-86-3-651

 After a review of the record, this Board finds that while the work performed was work belonging to Members of the Organization, given the facts of the situation, it could be concluded that an emergency situation may have existed and that the use of outside forces was justified. The Board also concludes that furloughed Mechanic J. P. Prentice should have been called and offered the work even though an emergency may have existed. The Board does not consider those Claimants who were fully employed on the Claim dates as having a legitimate compensation Claim. The Board does, however, conclude that Claimant J. P. Prentice should be paid eight hours at the straight-time rate in resolution of this case.




                          By Order of Third Division


Attest:
        Nancy J. r - Executive Secretary


Dated at Chicago, Illinois, this 25th day of May 1990.