Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29205
 THIRD DIVISION Docket No. MW-29441
 92-3-90-3-371
 The Third Division consisted of the regular members and in
 addition Referee Charlotte Gold 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 Midland Valley Section Gang No. 4119 instead of KO&G Seniority District employes to perform track maintenance work (gauging track) on the K06G Seniority District from March 14 through 28, 1989 (Carrier's File 890586 MPR).

 (2) As a consequence of the aforesaid violation, furloughed K06G Seniority District employes D. G. Clifford, D. G. Patton, B. K. Acree, W. L. King, Jr. and L. J. Porter shall each be allowed eighty (80) hours of pay at their respective straight time rates, sixty-five (65) hours of pay at their respective time and one-half rates and eight (8) hours of holiday pay."

 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.

Between March 14 and 28, 1989, Carrier assigned members of the Midland Valley Section Gang 14149 to perform track maintenance work on the KO 6 G Seniority District. The Organization alleges that five furloughed KO 6 G Trackmen should have been called in their stead.

 rnis board agrees with the Organization that the work in question (gauging) is work reserved to its Members and that, under Rule 2 of the Agreement, seniority rights Board also agrees that the assignment made here by Carrier was not a "transfer" of employees from on not covered by Rule 6 (Transfer and Temporary Service) of the Agreement.
 Form 1 Award No. 29205
 Page 2 Docket No. MW-29441
 92-3-90-3-371
 In defense of its action, Carrier argued that an emergency existed,
 requiring the use of Midland Valley forces. The Organization disputed this
 allegation on the property. This Board finds sufficient evidence in the
 record to support the contention that the situation was serious enough to
 cause Carrier to divert train traffic over the Oklahoma Subdivision (because
 of mishaps and track conditions).

 But while the situation may have been sufficiently serious to cause Carrier to take immediate action with the forces it had on hand, this Board cannot conclude that these forces had to be used during a two-week period. KO 6 G Trackmen could have been called and could have been in place shortly thereafter.

 There is some dispute as to the number of Trackmen used on the job and the hours worked. :'he Parties should review Carrier's records and determine whether two or five paid. Carrier shall pay the appropriate number of KO 3 G Trackmen the same amount it compensated Midland Valley Trackmen for the period between March 18 and 28, 1989.




                          By Order of Third Division


Attest: .
          cy J.~r - Executive Secretary


Dated at Chicago, Illinois, this 7th day of May 1992.