AWARD N0. 28
 CASE N0. 28 k
 GRAND DIV.: BU-8751-49 -
 ORGANIZATION FILE : CARRIER FILE:
 R-1321 TE-17-63










      (B) Carrier shall compensate the senior idle extra Telegrapher with less than 40 hours work in his work week and in the event there are no idle extra Telegraphers with less than 40 hours work in their work week, Carrier shall compensate the senior regular assigned man off on rest day, for one days pay (8 hours) for the violation claimed in 1. (B)."


SPECIFIC FINDINGS :
 On Sunday, March 31, 1963, at 12:30 A.M. three pilings were
 i
 washed out from bridge 187.94 two miles east of Steamboat Springs by G
 ice jam. A pile driver was called out of Denver at 4:00 A.M. and

 departed Phippsburg as Work Extra 5952 at 1:40 P.M. to repair damage.
                                            cep ~~s -Awo z8


:.'he pile driver arrived at bridge at 2:10 P.M., drove two temporary
 pilings. The bridge was safe for traffic at 10:05 P.M. Train No. 10
 was first over bridge at 10:27 P.M. - 1312411 late. No. 9 departed
 Phippsburg at 6:20 P.M. 3T52" late and was delayed at Sidney 314011
 meeting No. 10.
 Conductor on Work 'bKtra 5952 copied train order No. 20 at 9:05 P.M.
 at Mile Post 186.36 which is 4.74 miles east of Steamboat Springs where
 there is an agent employed but not on duty.' At 9:12 P.M. March 31,
 1963, conductor on train No. 9 copied train order at Sidney, 7.4 miles i
 i
 east of Steamboat Springs. Claim for eight hours was denied.
 It is Carriers first-position that this was an emergency under
 a provision of Rule 21(0)2. It also defends on the grounds that a
 specific claimant was not named. - _ -
 The Organization denied that an emergency existed and contends
 that because the work was not performed at a station where employes i

' a

are employed, it does not fall under provisions of Rule 6( M) as the
 Carrier contends, nor under the Call rule. The Organization asserts
 that Rule 6M "Work on Unassigned Days -" refers to work performed on
 the unfilled days of a regular assignment, for instance, the sixth and
 seventh day of a five-day assignment.

We are not persuaded by the Carrier's strict construction of s

4
 Rule 21(0)2 defining "emergency," nor do we feel compelled to follow
 Award 6639 in its parsing of the defining sentence. Webster defines
 emergency as, ttan unforeseen combination of circumstances which calls .
 for immediate action." The rule names a number of examples followed
 4
 v
 -.2 - '
 r f i1·'

          by a general catch-all phrase, "other unforeseen occurrences," and concludes, Ihahich could not have been anticipated when train was at previous open telegraph office, etc." This latter phrase, we find, applies to the occurrences contemplated in the entire paragraph, otherwise we pass completely beyond a reasonable and ordinary meaning of an emergency. (Quite aside, we do notice a semi-colon in 1st Division Award No. 1+951, cited by Carrier, which is not present in our Rule). The facts before us, with long time spreads, do not spell out an emergency.

          The remaining question concerns compensation. The National Railroad Adjustment Hoard has ruled in numerous cases that a claimant need not-be named so long as he can be identified.

          The instant work was improperly performed by the conductors and Rule ?1 was violated. Assuming, as Carrier contends, that the work could have been performed by the telegrapher at Steamboat on a single call, the Carrier did not proceed in that manner. We are con6erned with a penalty day and the Organization must determine which o4-8f the two claimants-shall-receive it as we do not grant double penalties.


                        --AWE __

                                Claim sustained per Findings, supra. SPECIAL HOARD OF ADJUSTMENT N0. 525


          Denver, Colorado (Signed) J. Glenn Donaldson

          March 7;?, 1961+ J. Glenn Donaldson, Neutral Member

          Chairman

          (Signed) R. K. Anthis

          R. K. Anthis, Organization Member

          (Signed) C. E. Baldridge - Dissent

          C. E. Haldridge, Carrier.Meiaber

          -3-