Each of the claimants so used was compensated " * * * from the time called until his return for all service rendered in accordance with the practice at home station, * * *."

Under any circumstances, Rule 5(e) provides its own exclusion to the effect " * * * Except as otherwise provided in these rules [Rule 8] * * *."

This has been the accepted method of compensating wreck crew members on the B&OCT over the years. The interpretation argued for and sought for by the Local Committeeman runs contrary to that accepted and standard method of computing compensation for wreck crew members.

In a word, the claimant Carmen in this case were properly compensated on the date for which claim has been made.

CARRIER'S SUMMARY

Contrary to the Committee's intended application, Rule 5(e) does not stand alone. It is Rule 8, not Rule 5(e), that governs compensation for "wrecking service employes." Rule 8 specifically provides that such employes "when called for emergency road service" will be paid " * * * from the time called until [their] return for all service rendered in accordance with the practice at home station, * * *." It is the position of the Carrier that the claimants were properly compensated for services performed on May 14, 1965.

The Carrier submits that the instant claim is not valid at either Parts 1 or 2. The Carrier respectfully requests that this Board so rule, and that this claim in its entirety be declined.

(Exhibits not reproduced.)

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

The carrier or carriers and the employe 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.

Parties to said dispute were given due notice of hearing thereon.

Claimants, regularly assigned Carmen at Carrier's Barr yard, worked their regular shift on May 13, 1965 from 3:30 A. M. to 11:30 P. M. Thereafter, both Claimants were called out for a derailment at Bremen, Indiana at 2:45 A. M., May 14, 1965 and continued in service until the wrecking assignment was completed at 5:00 A. M., May 16, 1965.

Claimants were compensated at the double time rate from 10:45 A. M. to 3:30 P. M. on May 14, 1965 for services rendered, but Carrier paid only the straight time rate, instead of double time, for work performed from 3:30 P. M. to 11:30 P. M. on May 14, 1965 and the time and one-half rate from 11:30 P. M., May 14, 1965 to 7:30 A. M. on May 15, 1965. Claimants contend that Carrier violated Rule 5(e) of the applicable Agreement, which provides for payment of the double time rate for all overtime beyond sixteen (16) hours' service, computed from the starting time of the employe's regular shift.

Carrier avers that Rule 5(e) is not applicable, because wrecking service employes are to be paid under Rule 8 of said Agreement, and further that Petitioner's interpretation of Rule 5(e) is contrary to the accepted method of computing compensation for wrecking crew workers.

Rule 5(e) specifically provides as follows:

"(e) Except as otherwise provided in these rules, all overtime beyond sixteen (16) hours' service computed from the starting time of the employe's regular shift will be paid for a double time. If an employe is required to render service beyond twenty-four (24) hours computed from the starting time of his regular shift, double time payment will be continued. An employe will not be required to render service beyond such twenty-four (24) hour period except to complete the assignment."

Rule 8, in part, reads as follows:

"An employe regularly assigned at a shop, enginehouse, repair track, or inspection point, when called for emergency road service away from such shop, enginehouse, repair track or inspection point, will be paid from the time called until his return for all service rendered in accordance with the practice at home station, and will be paid straight time rate for straight time hours and overtime rates for overtime hours for all time waiting or traveling.

Wrecking service employes will be paid in accordance with this rule."

Analysis of the pertinent rules, as well as our previous Award 5181, involving a similar dispute between these parties under the same rules of the applicable Agreement requires a finding that Rule 5(e) is applicable in this case, and that Carrier violated the Agreement, as alleged by Petitioner. Here, Carrier conceded that Claimants were entitled to the double time rate under Rule 5(e) beyond sixteen (16) hours' service on May 14, 1965, but then invoked Rule 8 of the Agreement during Claimant's second regular shift, instead complying with Rule 5(e). Wrecking service employes are not specifically excluded under Rule 5(a), and Rule 8 explicitly refers to practice at home stations where Rule 5(e) clearly would be applicable to the hours of service involved in this dispute had the work been performed at Claimant's home station. Accordingly, the claim will be sustained.

AWARD