Award No. 10 Docket No. 10
PUBLIC LAW BOARD N0. 2452

 PARTIES Brotherhood of Maintenance of Way Employes

 DIffP~1TE
and

 Western Maryland Railway Co.

STATEMENT Claim on behalf of the following employes for five (5)

J. H. Snyder
 E. W. Morris
 C. L. Conrad
 C. L. Nelson
 T. R. Fitzwater
 H. L. Broughton
 W. W. Currence
 W. E. Morgan
 R. B. Hoffman

 FINDINGS:

 finds that

 meaning of
jurisdiction.

 By reason of the Agreement dated June 14, 1979, and upon the whole record and all the evidence, the Board the parties herein are employe and carrier within the the Railway Labor Act, as amended, and that it has

Trackman W. L. May hew Trackman Chauffeur D. H. Shaffer Trackman Trackman R. W. Wilfong Trackman Trackman R. M. Cost Trackman Trackman C. H. Merritt Trackman Chauffeur J. A. Newlon Trackman Trackman T. L. Bodkins Trackman Trackman R. W. FHnchman Trackman Trackman


The conference issue raised here is comparable to the one raised in Docket No. 2 and resolved in Award No. 2. For the reasons stated in Award No. 2, the issue is resolved in favor of the Carrier.

 This is a companion case to the claim in Docket No. 6 resolved in Award No. 6. Because of the strike by the United Mine Workers which commenced at midnight on December 6, 1977, Claimants were furloughed. Their claim for compensation in the absence of five days of advance notice was denied in Award No. 6.
                                          Award No. 10 Docket No. 10 page 2


Here, Claimants are asking for five days pay because the contract ending the strike was ratified on March 24, 1978, and operation of the mines resumed on March 27, 1978, but the Carrier did not recall the Claimants until April 3, 1978. Employes contend that Claimants should have been recalled on March 27 and not on April 3, 1978.

 Employes.have cited no rule, nor does one exist, which requires the Carrier to recall employes furloughed under Rule 4 immediately at the end of the strike and resumption of work. Rule 4 contains no such requirement. That rule does not deal with the termination of the emergency under which the Claimants were furloughed. When a furloughed employe is recalled depends on the need of the Carrier. The emergency in Rule 4 authorizes a furlough without advance notice. After that is done, Rule 4 no longer applies to the furloughed employes. Their rights are governed by Rule 3(d) and other applicable seniority rules, all of which are not related to Rule 4.

 For the reasons stated in Award No. 6, and upon this record, the Board finds that the Carrier did not violate the Agreement and that there is no merit to the claim.

                          AWARD


          Claim denied.


                PUBLIC LAW BOARD N0. 2452


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 W. , arrier Me er 4ILLIAM B. LA HUE, Employe hem er

 DATED:
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