Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28643
 THIRD DIVISION Docket No. SG-28850
 91-3-89-3-253
 The Third Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.

 (Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (CSX Transportation, Inc. (former GA/AWP/WofAL)

On behalf of the following GA-AWP-WofAL Signal Personnel who participated in the repair work on










(a) Carrier violated the Signalmen's Agreement, particularly, the Scope, when it permitted and/or instructed Signal personnel from another railroad to perform Signal work on the Western of Alabama Railroad on January 9, 1988.

 (b) Carrier now be required to compensate the above claimants for two hours and four minutes each at their overtime,Tajes of pay (a total of 35 man hours equal to the violation time)." G. C. File FL-102 Carrier file 15-1(8832).

 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.
 Form 1 Award No. 28643
 Page 2 Docket No. SG-28850
 91-3-89-3-253
 Parties to said dispute waived right of appearance at hearing
 thereon.
 The significant events leading to this Claim arose on January 9,
 1988, due to damage to the Carrier's signal system caused by an ice storm.
 The Carrier utilized five signal maintainers from the former L 6 N to perform
 the work.

 The Board has carefully reviewed the record and concludes that an emergency situation existed to restore the signal system. It has been consistently held that the Car situations, such as we find in this case.




                          By Order of Third Division


Attest:
        ancy J. D v -Executive Secretary


Dated at Chicago, Illinois, this 29th day of January 1991.

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