This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

This claim results from the Claimant's assertion that a junior employee worked overtime on June 23 and 24, 2003 instead of the Claimant.

First, with respect to June 24, 2003, the record shows that the Claimant reported at his regular shift start and then worked 12 hours, therefore making the claim for that date moot.

Second, the record shows that Bridge 17-I at Riverdale completely burned down over the night of June 22-23, 2003. As a result, the signal system was totally inoperative south of Kensington to University Park. Forces were called to initiate reconstruction of the system in order to restore commuter service.

The Carrier thus claims an emergency existed due to the destruction of the bridge and the effect on the signal system and it called in forces accordingly to repair the system so that commuter service could be restored. That assertion has not been refuted by the Organization and is substantiated by the record. The Carrier has substantial latitude in dealing with emergencies. See Third Division Award 26677 and Awards cited therein ("The Board has held that in an emergency Carrier may take whatever action it deems appropriate to cope with its problems ....").

In the record, there was some question as to whether a junior employee acted in a fashion that could be interpreted as assigning overtime. Assigning overtime is not the function of the employees - that is a function of management. But, in any event, that dispute is not relevant because this case is decided on the finding that an emergency existed and the Carrier acted within the scope of its latitude for dealing with such situations.

AWARD