Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9404
 SECOND DIVISION Docket No. 9328
 2-NRPC-EW-183
 The Second Division consisted of the regular members and in
 addition Referee Edward L. Suntrup when award was rendered.
 ( International Brotherhood of Electrical Workers
 Parties to Dispute:
 ( National Railroad Passenger Corporation

 Dispute: Claim of Employer:




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 employer 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.

Claimant, Mr. Joseph Episcopo, entered service of the Carrier on February 24, 1976 as an electrician (after working as an electrician for the former Penn Central Transportation Company since September 28, 1973) and on July 25, 1977 ways assigned to the position of Field Technician - Train Rider. On October 29, 19751 Claimant was removed from the Field Technician - Train Rider position and was informed of his option to exercise his seniority.

 A review of the information provided to the National Railroad Adjustment Board in this case leads it to a number of conclusions. First of all, lack of anything more than alluding to the reasons for Claimant's disqualification as Train Ride=° by Carrier, by either the Organization or the Carrier in their submissions, itself nullifies any role which this Board can assume on Organization's claim. Without: the presentation of evidence, no appellate function of this Board can be fulfilled. Secondly, beyond the claim itself it is the position of the Organization that Claimant was not afforded protection under Rule 23 (Discipline-InvestigationAppeal) of the controlling Agreement. While the Board is sensitive to the argument of the Organization that the distinction between "disqualification" and "discipline" is a reasonable one it notes, notwithstanding, that the Carrier and the Organization did freely agree, effective July 16, 1975, to a special rule for Field/Electrical
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Award No. 9404

Docket No. 9328

2-NRPC-EW-183


Technicians - Train Riders which is incorporated into the controlling Agreement as Appendix "H" and that electricians selected by management for such positions are only covered by the following general rules of the current Agreement: 18, 19, 20, 28, 36, 38, 39 and 4o· Rule 2 does not apply to Train Riders in the instant case because Appendix "H does not specify that it should. As a general principle special rules found in collective bargaining agreements which regulate special (and often unique) occupational positions takes precedence over more general rule;s governing all employes covered by the Agreement: special rules, by definition, represent an agreed upon procedure by labor and management at the bargaining table to cover special conditions. If by means of usage and/or for any other reason the parties to the Agreement conclude that any arrangement as this relates to contractual special rules are non-operable and/or are to the extreme disadvantage of one or the other party, changes may be made in a subsequent round of negotiations.

 A W A R D
Claim dismissed.

 Attest: Acting Executive Secretary
 National Railroad Adjustment Board

NATIONAL RAIIRQID ADJUSTMENT BOARD

By Order of Second Division


By.

Dated at Chicago, Illinois, this 2nd day of March, 1983.