PARTIES TO THE. D . PUTE :

 TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS

BROTHERHOOD OF MAINTENANCE
 OF WAY EMPLOYEES

 STATEMENT OF CLAIM :




OPINION OF BOARD : The following facts are not in dispute. R. Gartner, R. Gray and D. Matthes

 (Claimants) have established and hold seniority in the Track Sub-department as a Track Foreman,

 Machine Operator, and Motor Truck Operator, respectively. Claimants were regularly assigned as

 such Monday through Friday, with Saturday and Sunday assigned rest days. At approximately 9:30


                                    AWARD NO. 5 NMB CASE NO. MW-32151 UNION CASE NO.

COMPANY CASE NO. am on Friday, August 20, 1993, the Illinois State Department of Transportation (hereinafter referred to as "DOT") contacted Carrier to report that a sewer located under Highway 3 and Carrier's railroad tracks, had collapsed. The sewer is owned by the Village of Sauget, Illinois and the DOT advised Carrier that the collapse ofthe highway and the crossing was caused by water leaking from the sewer underneath the track.

When Carrier's Engineer of Track arrived at the rail crossing, he was informed that the Village and DOT representatives had closed State Highway 3, which is a main thoroughfare through the Village and a direct link to an on ramp to the bridge which spans the Mississippi River to St Louis. After examining the suspect track and observing "significant erosion", Carrier's Engineer of Track took the rail crossing out of service. At the direction of State and Village representatives, Taylor Contracting, a vendor working on another highwayproject in the area, diverted the necessary equipment and personnel to perform expedited repair of the damage to Carrier's crossing and the State's highway, caused by the leak in the sewer owned by the Village. The required highway and railroad crossing repairs were completed on August 21, 1993 and all associated costs were paid for by the Village of Sauget.

On October 9,1993 the Organization submitted a claim on behalf of Messrs. Gartner, Gray, Matthes, Cracchiolo, and Lovett, for eight (8) hours pay for Friday, August 20 and for eight (8) hours at the time and one-half rate of pay for Saturday, August 21, alleging that Carrier violated the Agreement when it allowed Taylor Contracting to perform work reserved to B&B employees by the Scope Rule. The General Chairman also protested that Carrier had failed to send prior notice of its intent to contract out the work in dispute or conference the matter before the fact. Carrier denied the

                                          'PL.C3 !008(,0 f4wo 5


AWARD N0. 5 NMB CASE NO. MW-32151 UNION CASE NO. COMPANY CASE NO. claim on the premise that the "emergency condition" warranted the expedited handling and that the work was done at the behest, under the direction of and at the cost of the Village of Sauget.
 For reasons explained in award No. 2, Carrier's procedural objection under Rule 42 (b) is not well-placed. On the merits, however, the record facts support Carrier's position and require denial of this claim. See NRAB Third Division Awards 28526, 29061 and 30942.
                  AWARD _

                  Claim denied.

                  Dana Edward Eischen, Chairman

          Signed at Spencer, NY on August 26, 2000 r


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Union Me ber 9,6 A f Company Member
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