PARTIES TO DISPUTE:

          Brotherhood of Maintenance of Way Employees


                          and


          CSX Transportation, Inc. (Former Louisville and Nashville Railroad Company)


STATEMENT OF CLAIM:

 Claim of the System Committee of the Brotherhood that:

          1. The Agreement was violated when the

          Carrier assigned employees from the Nashville

          Terminal, S&NA North and W&A Seniority

          Districts to perform work on the Nashville

          Division Seniority District at Mile Post

          116.0 November 16 and 17, 1995 [System File

          14(1)(96)-12(96-258) LNRJ.


          2. As a consequence of the violation

          referred to in Part (1) above, the Claimants*

          listed below shall each be paid '...an equal

          and proportionate share of the overtime hours

          earned by the following employees (80 hours

          straight time, 358 hours overtime, 25 hours

          double time) on November 16 and 17, 1995 at

          their respective rates of pay ***'


            *K. L. Frazee J. B. Grooms

            G. L. Hedge B. J. Spicer

            B. A. Hopper J. Ware

            N. H. Brown R. A. Foster

            L. Bradley L. J. Flake

            L. R. Butler R. W. Manley

            T. G. Parker T. L. Miller

            J. D. Glisson


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

' S&A mo- Awcl '10

 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 seventeen car derailment. In assigning the active personnel from a different seniority district, the Carrier failed to recall from furlough the Claimants, who possessed seniority in the seniority district in which the carrier assigned the active employees to perform the relevant temporary emergency work. The record indicates that the derailment created serious 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.

Robert L. Do ewas

Chairman and Neutral Member


                                                    fi

nald~ Bartholoma Mark D. Selbert
 Employee ember Carrier Member

 Dated: `/?Y. ~. .2 /'D
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