PUBLIC IAVT BOARD NO. 566 -


        PENNSYLVANIA FEDERATION BROTHERHOOD OF MAINTENANCE. ~i itn

                    OF WAY EMPLOYES


                          vs


              PENN CENTRAL TRANSPORTATION COMPANY

                                              P PA~ 0~1C~ ~~


STATEMENT OF CLAIM: "M.W. Repair Shop. ~5'i
                                                rt ivy

                System Docket 282-B, Logansport Repair Shop.


    -Claim in behalf of H. R'fan for the time made by H. E. Kerns beginning at 1:30 P.M. February 5, 1967, and ending when he returned to his headquarters."


OPINION OF BOARD: The essential facts are not in dispute: A heavy . .
 snow created an emergency situation in the Chicago
 Seniority District. Claimant and a junior employe held seniority in the
 Logansport Repair Shop Soniority District. Carrier called the junior
 employe, H. E. Kerns, to assist in the snow removal operation on Feb-
 ruary 5 to February 8, 1967. Claimant eras not called to go to Chicago;
 instead he worked his regular assignment on February 6 and 7 and marked
 off sick on February 8, 1967.

 The issue to be decided in this dispute is whether Carrier has the right, under the Agreement, to assign a junior employe to assist in emergency work in another seniority district in preference to a senior employe.

 Carrier takes the position that in an emergency situation it is afforded greater latitude in assigning its employes, particularly to work in a district where neither of the employes has any seniority.

 The Organization asserts that Carrier, once it elects to call an employe to work in another seniority district, it must call the employe in seniority order as they appear on their own roster.

 An analysis of the recird in this dispute and precedent awards cited by both parties impels the conclusion that the claim must be sustained. In Award No. 59'9, the Board stated:

PL r3 510L

a,. A LJa, ,- d
"Under a long line -if well-reasoned-decisions, to
 which we adhere, we have held, with rules such as
 are inv:·lved in the confronting record, that when
 a Carrier elects ti call employees from an esta
 blished seniority group ti perform work of another
 group, there being n^ employees holding seniority
 in the other group available, it is required to
 . take notice of the seniority rights if the men in
 the group called upin to perform the service. See,
 e.g., Awards 2341, 4841, 4947, 5142 and 5604." '
 Award No. 5939 also, as in this dispute, involved a
 snow storm. See also Awards 5425 and 6306.
 Claimant's recovery, however, is limited to the pro-
 rata rate and m allowance is made for February S, 1967 when Claimant
 marked off sick.

 AWARD: The claim is sustained consistent with the 0pi^L:sn
 herein. Order date is 30 days from the date of this
 award. -

                  PUBLIC IAW BOARD N0. 566


                    /s/ Nicholas H. Zumas


                  Nicholas H. Zumas, Chairman


    /s/ A. J. Cunningham /s/ S. J. Wilson


A.. J. Cunningham, Employe Member S. J. Wilson, Carrier Member

 Signed and dated at Philadelphia, Penna. December 1S, 1970