If during the time on the road, not including waiting or traveling period, a man is relieved from duty for five (5) hours or more, such relieved periods will not be paid for; provided that in no case shall he be paid for a total of less than eight (8) hours each calendar day, when such irregular service prevents the employe from making his regular daily hours at home station. Where meals and lodging are not provided by railroad, actual necessary expenses will be allowed. Employees will be called as nearly as possible one (1) hour before leaving time, and on their return will deliver tools at point designated.

Where meals and lodging are not available reasonable transportation shall be provided."

and Rule 74, reads as follows:

"RULE 74. Line Department Emergency Calls. Line department employees called for emergency work will be paid at the rate applicable to the hours in which such work is performed, with a minimum of eight (8) hours at time and one-half rates."

Therefore, this crew was paid time and one-half far the first sixteen (16) hours and double time thereafter except time relieved at Des Moines, Iowa, from 3:15 P. M. March 18 to 8:00 A. M. March 19, and were paid time and one-half for the next eight (8) hour period or twelve (12) hours for being used on a day of rest.

POSIT10N OF CARRIER: The facts in this case are that these men were called for 10:00 P. M. the night of March 17 because of breaks in the high tension lines, which come under their classification of employment, and during the night a severe blizzard covered the entire line, these men became snowbound, and we were unable to get them into a place of shelter until 3:15 P. M. the afternoon of March 18. They were taken to the North Western Hotel in Des Moines, where all of their expenses were paid by the railway company, both food and lodging, and they were called the next day, March 19, at 8:00 A. M., and were brought to Boone and tied up at 3:15 P. M. March 19, and were paid twelve (12) hours for this call. This crew was paid a total of 38 hours 20 minutes, which the company feels is all the contract demands.

FINDINGS: The Second Division of the Adjustment Board, upon the whole record and the evidence, finds that:

The carrier or carriers and the employ or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The parties to said dispute were given due notice of hearing thereon.

Claimants were regularly assigned to road work under the electrical workers agreement. Their starting time is 8:00 A. M. at Boone, Iowa, and their quitting time is 4:00 P. M. at the same point, regardless of the area on the system where they perform service. On March 17, 1951, claimants were called for emergency linework resulting from a bad storm at 10:00 P. M. and performed service until 3:10 P. M. on March 18, 1951, between Boone and Des Moines. They were held overnight at Des Moines, the carrier furnishing meals and lodging. On March 19, 1951, claimants performed service from 7:00 A. M. to 3:00 P. M., at which latter hour the emergency service was completed. Carrier paid for sixteen hours at time and one-half rate and one hour and ten minutes at double time for work performed on March 17 and 18. Claimants were paid for eight (8) hours at time and one-half on March 19, it

being their rest day. This is equivalent to a total of thirty-eight (38) hours and twenty (20) minutes at the straight time rate. The organization contends that they are entitled to be paid for all hours they were away from Boone, the same being the equivalent of seventy-four (74) hours at the straight time rate.

The organization contends that the claims are payable under Rule 10. The carrier insists that Rules 9 and 74 are the controlling rules. Claimants are employes regularly assigned to road work and who are assigned to return to the home station each day. They are, therefore, assigned and paid under the provisions of Rule 10. This rule provides that they shall be paid from the time of leaving the home station to the time they return whether working, waiting, or traveling, exclusive of the meal period. No exceptions are made in this rule other than that relating to the meal period. It provides for overtime for all overtime hours at home station. The rule is complete and provides the method of payment to employes re,gularly assigned to road work and assigned to return to the home station daily.

Carrier asserts that Rule 9 is the controlling rule and that it authorizes relief periods of five hours or more without pay therefor. We point out that Rule 9 applies to employes assigned to a given point who are called for emergency road service away from the home point. Claimants were not such employes. They are employes assigned under Rule 10 and are governed by the provisions of that rule. Rule 9 has no application to them.

Carrier urges, however, that Rule 74 controls. This rule provides: "Line department employes called for emergency work will be paid at the rate applicable to -the hours in which such work is performed, with a minimum of eight (8) hours at time and one-half rates." The contention that this rule supersedes either Rule 9 or 10 is not a tenable one. Rule 9 is an emergency road service rule dealing with a designated class of employes and is special and controlling over the line department emergency call rule (Rule 74). Rule 10 likewise deals with a designated group of employes, determines the hours for which they shall be paid and is special and controlling over the general provisions of Rule 74. It makes no provision for relief periods during emergency service as was done in Rule 9. If such had been the intent it would have been a simple matter to have said so. Fairly construed, the words, "will be paid at the rate applicable to the hours in which such work is performed" require an examination of Rule 10, the rule under which these claimants were assigned, -to determine the rate applicable to the hours in which such work is performed. It is then argued that if this be true that Rule 74 has no efcacy whatever, as all employes are either assigned under Rule 9 or Rule 10. Assuming that this is true, Rule 74 must necessarily be construed to apply to extra, unassigned and furloughed employes called into emergency service.

Claimants are entitled to be paid continuous time from the time of leaving the home station to the time they return, even though they are engaged in emergency service. A sustaining award is required.

AWARD