PARTIES TO DISPUTE:

          Brotherhood of Maintenance of Way Employees


                          and


          CSX Transportation, Inc.


STATEMENT OF CLAIM:

 Claim of the System Committee of the Brotherhood that:

          1. The Agreement was violated when the

          carrier called and assigned employees

          Monongah East Seniority District employes to

          perform work at a derailment on the

          Cumberland Seniority District on January 30

          and 31, 2000, instead of Cumberland Seniority

          District employes [System File

          A05506300/12(00-0262) CSX].


          2. As a consequence of the violation

          referred to in Part (1) above, Cumberland

          Seniority District employes M. L. Williams,

          R. S. Murray, C. D. Troutman, J. B. Helmick,

          M. A. Sisler, R. L. Graves, C. W. Miller, W.

          C. Cunningham, L. D. Trimble, R. D. Feaster,

          L. A. Wolfe, M. G. Kahl, S. R. Shocky, G. R.

          Kennedy, E. H. Jordan, S. A. Appel, L. Moats,

          P. E. Shook, S. W. Silver and R. C. Welch

          shall each receive a proportionate share of

          the five hundred eighty-six and one-half

          (586.5) straight time hours, five hundred

          seventy-seven (577) time and one-half hours

          and nine (9) double time hours expended by

          the Monongah East Seniority District employes

          in the performance of the aforesaid work at

          their appropriate rates of pay.


FINDINGS:

 This Board, upon the whole record and all of the evidence, finds and holds as follows:

 1. That the Carrier and the Employees involved in this dispute are, respectively, Carrier and Employees within the

                            1

                                                SBA IIID Awd i4s

meaning of the Railway Labor Act, as amended,; and

      2. That the Board has jurisdiction over this dispute.


OPINION OF THE BOARD:

 This dispute arose as a result of the carrier's assignment of active personnel from one seniority district to perform certain work in another seniority district in the aftermath of a 76-car derailment that destroyed both tracks and stopped all train movement. The record reflects that the Claimants were not immediately available to be called to respond to the location of the derailment.

 The record indicates that the derailment created serious and extreme emergency conditions that justified the Carrier's reasonable action in immediately assigning the active, available employees to perform the disputed work in a timely manner to restore operations. Under these special circumstances the Carrier did not violate the Agreement.

 AWARD:
The Claim is denied in accordance with the Opinion of the Board.

                      G~

                Robert L. Do as

                Chairman and Neutral Member


D 1p.\ Bartholom Mark D. Selbert
 Emplp~tee Membe Carrier Member

 Dated:

 2