PARTIES Brotherhood of Maintenance of Way Employes
 _TO
 DISPUTE: and
 The Baltimore and Ohio Railroad Company
 STATEXENT 1%- Carrier violated the October 1, 1968 Agreement,
 of
 CLAIM: particularly Rule 24 thereof, and the Agreement of -
 August 7, 1975, Section 7, when B. C. Moreland,
 Assistant Track Inspector, was used to drive truck
 and gather track material on January 10 and 11, while
 furloughed Trackman R. E. Channell was not called
 to perform services as a trackman at a derailment
 near Mile Post 17, "C&B" Main.
 2. Claimant R. E. Channell be compensated for all
 time worked by Assistant Track Inspector B. C.
 Moreland on January 10 and 11, 1978 at the appropri
 ate rate of trackman.
 FTH-DINGS: At about 11:55 a.m. on January 9, 1978, a train
hauling 38 loads and 68 empties derailed 22 cars at Mile Post 17.6on the "B&B" Mainline. Assistant Track Inspector Moreland was working in the vicinity at that time and he was used to assist by transporting, in a hy-rail vehicle, tools, material and men in . and out of the derailment site and by gathering track materials at various locations and bringing them to that site.
 There is no basis for a claim on January 9 since an emergency existed on that day due to the derailment and Carrier was justified in using all available personnel to remedy the situation. However, it cannot be fairly concluded, at least on the _ basis of this record, that emergency conditions continued through the two following days. By that time, a furloughed trackman should have been used in preference to a track inspector for traclanan's work.

 The claim will be sustained.

 AWARD:

 Claim sustained. To be effective within 30 days.

 Adopted at Baltimore, Maryland, ~,~ ~~ 1981.

 Ha-rold M. Weston, Chairman

 Carrier Member

 Employe Zltember