PUBLIC LAW BOARD N0. 4138
Award No.: 29,:
 Case No.: 23'

 PARTIES TO,DISPUTE
STATEMENT OF CLAIM
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

 And

 CSX TRANSPORTATION, INC.

 First: that the Agreement was violated when junior employe L. R. Belmar, of Gang 6E26 (same gang as claimant's) was assigned overtime.

 Second: that claimant C. M. Rowland b6 paid 32 1/2 hours overtime
 from November 11 through November 27, 1985.,

 FINDINGS '

 On the dates,in, -question, Claimant worked on Rail Gang 6E26, which was laying welded rail,aC Louisville, Kentucky. Gang 6E26 was composed of 90 men and was ,regularly divided,intotwo units -- tear-out and restoration., Claimant' was· assigfigd ~as assistant foreman on 'the tea -out crew, which operated.in "front of'~he restoration crew: Assistant Foreman L. R. Belmar

 was in charge of the restoration crew.

 Claimant is senior to Belmar

 Both crews worked four 10-hour days within the jurisdiction of the same. Rail Gang Supervisor and Foreman. Since theirestoratioh crew worked
 e-, -//3 8 -Z.,3 ;

 behind the tear-out crew, it sometimes worked longer than the tear-out crew

 in order to restore the track before "knocking off." On the dates in question, the restoration crew was required to work overtime (or more ' overtime than the tear-out crew) in order to cbmplete'the restoration of the

 track.

 Rules 30' (a) and~.(b) provi~

 OVERTIME,

 30(a) Actual work continuous with a regularly assigned 8-hour work period shall be paid for on the. minute basis at time and onehalf rate, with, double tine payment accruing after '16 continuous hours of work.'.; A11 work within a regular_8 hotir,~work period will be pai'd''.for. at ~'seYaight-time·.rate, except: that.wlian. dosble-time paymetit':begins;i,the employed will continue on double-time payment until "r6leased.

 Time traveling and waiting will not be considered as, time worked, but will-be payable under the rules coy~ring that service.

 'The starfing time of new ampfoyt's temporarily,brought ,into the service in emergencies will be the time they commence work or are required to report. (Underscoring added)

 30(b) Employes,' who desire to be considered for calls under Rule
 31, will provide the means'by which they may be contacted by
 telephone or othewise, and will register thei,r'telephdne number
 with their foreman or immediate supervisory officer. Of those so
 registered, calls will be made in seniority order as the need
 arises. '

 A reasonable effort must be made to contact the sepior.'einploye so registered, before proceeding to the next employe,on the register, Except for section men living within hailing distance o£ either their foreman's living quarters or their tool house or headquartqrs station, and for men living in camp cars when they are present at the camp cars, an,employe not registered as~above shall not have any claim on account of not being worked ,on calls.
 The issue to be decided in this dispute is whethgr the.Carrier violated, the Agreement by not assigning Claimant the overtime work on the restoration.

 crew on the dates in question when Belmar received that overtime work; and,

 if so, what should the remedy be:

 The position of 'the Organization is that the Carrier violated the Agreement. The Organization maintains that Claimant should have been

 assigned the position of assistant foreman on the restoration crew on those

 days when the tear-out crew knocked off work before the restoration crew did so. The Organization contends that Gang 6E26 is one gang (noting that all- , gang members report for and stop work at the same location),, not two

 separate gangs, and that Claimant's seniority to Belmar entitled him to fi11,, Belmar's position within the gang and secure the-overtime as soon as Claimant was available. The Organization points out that the two crews were working in close physical proximity, so that a change of personnel would not be burdensome.

 The position of the Carrier 'is ,that it did not violate,the Agreement,

 i, ,

 asserting that its regular practice is for an assistant foreman in charge, of
 either of' the two s2parate un$ts'to remain, in charye;until the work is ''

 r. completed, ,The' C~Q~ier maintains, by imRlicaxion,` tfiatthis is accepted 1by the Organization. Further, the Carrier contends·that the overtime worked. was not worked on a.call bas~sy, governed by Rule 30(b), but on the'basis that it~wa$.a,coptinuation of regularly assigned, work', governed by Rule 30(a). As,a continuation of regularly assigned work, it was not obligated' to honor Glaimant'.s seniority, and therefore it properly permitted Belmar to
 continue in the assistant foreman's position and earn the overtime. Finally, the Carrier,,points out tlja~ the,Organiza~ion's position is un-

 reasonable and would demand the massive swapping of jobs throughout the gang

 when the tear-out,crew~nocked off.

 After review of the entire record, the Board finds that the Carrier did

 not'violate, the Agreemept.

 The Organization has not sustained its burden of proving a violation of the Agreement becaus8 it has not-shown that this is a call basis overtime .: , , situation, governed by Rule 30(b).'~The Carrier, on the other hand, has proved that·it has acted within its rights under the Agreement. The overtime work involved here is simply a continuation of the 'regular work ' day. .The question ~of the seniority of the two assistaii't.'foremen is,,not

 relevant to the issue of who may work the overtime. Historically, the
 1 assistant foreman of a'unit, such as Belmar, is permitted to work as the
leader of his restoration unit in order to finish its day's work. As the

 leader of the unit, Belmar has the right to earn the overtime according to

 the provisions of Rule 30(a).

 Moreover, the position advanced by the Organization has the potential . for massive disruption of the Carrier's operations, because it could require a full scale rearrangement of personnel so that senior employes could work the available overtime. This disruption due to rearrangement would be

 extremely burdensome and seems to be precisely the situation Rule 30 is

 designed, in part, to avoid.
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                                    Carrier Member

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                                    Orga zation ,tember ,-


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