BROTHERHOOD OF MINTENANCE OF 4lAY EMPI,OYES

versus

MISSOURI PACIFIC RAILROAD COMNY


STATEMENT
 OF CLAIM: Claim of the System Committee that:

 1. The Carrier violated the effective Agreement by failing to call Senior Trackman, H. H. Stone, for overtime work on Section No. 17, Otterville, Missouri, on Saturday, December 10 and 11, 1960, when, instead, a junior employe was called.

 2. Trackman H. H. Stone be now compensated for the amount of a call on each of the dates referred to.

 FINDINGS: The claim of December 10 related to calling a junior trackman for the
 purpose of driving livestock off the right-of-way, allegedly at mile
 Post 158. Livestock on the track is an emergency situation which appropriately
 requires the use of the closest available man to eliminate the hazards involved.
 Accordingly, we find that Carrier's action in calling Trackman Maness, who lived
 only three miles distant, was proper.

 The claim for December 11 involved the use of a junior man for lighting switch heaters and cleaning snow and ice. Weather conditions requiring the lighting of switch heaters are sufficiently predictable that no good reason appears for calling a junior man simply on the basis that he would travel seven miles less. The evidence as to highway conditions does not indicate that they would be particularly different for either.

 The claim is for a call, but since no work was performed, it will be sustained for four hours' pro rata, that being approximately the time required for its performance.




                  Dudley E. Whiting, Chairman


    (s) A. J. Cunningham (s) G. W. Johnson

A. J. Cunningham, E5nploye Member G. W. Johnson, Carrier Member

 St. Louis, Missouri
 October 30, 1962
 File 247-3946