Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29419
 THIRD DIVISION Docket No. MW-28318
 92-3-88-3-77
 The Third Division consisted of the regular members and in
 addition Referee Edwin H. Benn when award was rendered.

 (Brotnernood of Maintenance of Way Employes PARTIES TO DISPUTE: (BurLisgton Northern Railroad Company (former St. ( f.ouis-San Francisco Railway Company)

 STATEMENT OF C~a_4: ·::u:~ ,f the System Committee of the Brotherhood that:

 (1) The Carrier :touted the Agreement when, on October 5, ~ and 9, 1986, it assigned Seniority Listrict No. 4 employes to perform track repair work between vile Post 43T and 433 on Seniority District No. 5 instead of recalling and ·iss= H. D. Bennett, P. C. Kirk, J. L. --asev, ,.. ,n~i '. B. Stratton (System File B-2332-L/EMWC 87-L-5B).

 (2) As a consequence of the aforesaid violation, Claimants H. D. Bennett, P. C. Kirk, J. L. -asev, Jr. and J. B. Stratton shall each be allowed pay at the trackman's rite =or an equal proportionate share of the ninetyseven (97) straight time ho 1/2) time and one-half h.,urs expended by the Seniority District No. - employes working on Seniority district No. 5."

 FINDINGS:
The ThirJ D;visiDn sf the Adjustment Board, upon the whole record and all the evidence, finds -hat:

 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 salJ Jispute waived right of appearance at hearing thereon.

 On October 4, 1986, track between M.P. 432 and M.P. 433 on Seniority District No. 5 was washed out as a result of the Army Corps of Engineers' opening of the gates of a cam at Keystone Lake. The water covered the rail for at least 24 'soars. pn October 5, 6 and 9, 1986, the Carrier utilized employees from Seniori:v D Form 1 award No. 29419
 Page 2 Docket No. MW-28318
 92-3-88-3-77

 The Carrier argues that an emergency situation existed dictating use of employees from Seniority District No. 4 rather than Claimants. But the record shows that the Carrier was aware on October 4, 1986, that the track was under water as a result of the flood. It is fair to conclude that the Carrier was further aware on October 4, 1986, that track damage from that flooding was a distinct possibility. Recairs did not begin until one day later after the water receded. Given that length of time until the repairs could be commenced and further given the ·a,:c that the record fails to indicate whether the Carrier even attemp was of such an emerZenrv thst the Carrier was entitled to utilize employees from another seniority distt_tt to accomplish the repairs.

 The Carr:er'S argircent that under the governing rules Claimants had a number of days to report w~:ch would not have permitted the Carrier to timely complete the repairs is rot rersuasive. Again, the record does not demonstrate that Claioancs were e:·en called and t evident.

 With respect to the remedy, Claimants shall be compensated for the number of hours thev w,vEd have worked had the Carrier called them to work for the repairs. 9verttme, Z:f any, shall be in accord with the Agreement based upon the number ctf hours el3imants would have worked if called.




                            By Order o: Third Division


                  01/


Attest:
        Nancy J. ler - Executive Secretary


Dated at Chicago, Illinois, tnis 21st day of October 1992.