Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28781
 THIRD DIVISION Docket No. MW-28639
 91-3-88-3-494
 The Third Division consisted of the regular members and in
 addition Referee Marty E. Zusman when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO.DISPUTE: (CSX Transportation, Inc. (formerly The Chesapeake ( and Ohio Railway Company)

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

 (1) The Agreement was violated when the Carrier assigned Trackman J. Cable instead of Equipment Operator D. Kinner to perform overtime service operating a front end loader at Shelby Yard in Shelby, Kentucky on October 8, 1987 [System File C-TC-2563/12(88-117)].

 (2) As a consequence 6f the aforesaid violation, Mr. D. Kinner shall be allowed eight (8) hours of pay at his time and one-half rate and four (4) hours of pay at his double time rate."

 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.

 Parties to said dispute waived right of appearance at hearing thereon.

 The basis of the Claim was well understood by the parties on the property with no dispute over A
The Carrier has argued that the Roadmaster made the required call without an answer. The Carrier further maintains that a second machine operator was called and turned down the call, before the junior employee was utilized for two hours at the derailment clearing operation.
 Form 1 Award No. 28781
 Page 2 Docket No. MW-28639
 91-3-88-3-494

 This Board does not agree with the Carrier's contention. We find before us signed letters from Claimant's wife that no calls were received; from the Claimant that he was not called after he returned home, from the other assigned machine operator stating he was not called at all, and from the junior employee that he worked the derailment "all night." Only an unsigned letter which the Carrier states was written by the Roadmaster exists as refutation. We do not accept actual time worked by the junior employee, or by any evidence that is beyond doubt a statement of the Roadmaster.




                            By Order of Third Division


Attest:
        Nancy J..~e(rer - Executive Secretary


Dated at Chicago, Illinois, this 30th day of April 1991.