Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28743
 THIRD DIVISION Docket No. MW-28251
 91-3-88-3-30
 The Third Division consisted of the regular members and in
 addition Referee Gil Vernon 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 Agreement was violated when the Carrier assigned Section Crew 327 from Sub-district 4-C to perform track repair work on the territory of Section Crew 308 on Sub-district 4-A at Hankinson, North Dakota on Saturday, July 12, 1986 (Syste
(2) As a consequence of the aforesaid violation, Sectionmen E. D. Zietlow, D. J. Luebke, D. Witt and J. A. Walter shall each be allowed seven (7) hours of pay at their respective 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.

Claimants are section employes in Seniority Sub-district 4A who were on furlough from their home section at the time the Claim arose.

 The basic facts are not in dispute. A derailment occurred on the mainline through the Hankinson, North Dakoti, yard area at approximately 7:45 P.M., on Friday, July 11, 198b. The derailffent occurred within the territory of Section Crew 308 of Seniority Sub-district 4A. Carrier decided to divert traffic around the derailment using the "house track", and begin clearance work the next morning. Sometime after 8:00 A.M. the following day, more than twelve hours after the derailment, the Carrier determined that the house track was not holding up and could no longer be used to divert traffic. Carrier also determined that additional manpower was needed for the derailment. Carrier did not attempt to c Form 1 Award No. 28743
 Page 2 Docket No. MW-28251
 91-3-88-3-30

 availability and offer them the work. Instead, Carrier called in members of Section Crew 327 from Seniority Sub-district 4C. Carrier did so because it believed an emergency situation existed which freed it from the normal scheduling requirements. Four
The key issue in this matter is whether the foregoing facts constitute an emergency within the m noted that the Carrier asserted on the property that the house track by Saturday morning became "imp night. The Organization never rebutted this. Nor did they put forth convincing evidence that it coul the house track would not have held up. It is conceivable that the Carrier reasonably anticipated on Friday that the track would serve as a viable alternative but that the nat
In short, the Organization failed to rebut the Carrier's assertion that there was no passable track available on Saturday. When the main line is blocked and no alternative track can be utilized, an emergency existed.




                          By Order of Third Division


                                .1 V


Attest:
        ancy J. r -.Executive Secretary

        i


Dated at Chicago, Illinois, this 28th day of March 1991.