'Paragraph (b) is the exception to the rule, it providing that * * * * * where traffic is interrupted or suspended, paragraph (a) is not applicable.

'* * * * * neither was there an interruption or suspension of traffic,

"In the organization brief, filed February 10, 1938, similarly drafted and with Grand Lodge approval, the employes say:

(Paragraph 2) 'Paragraph (b) of Article 17 is the exception to the rule * * * * *.'

'It is acknowledged that traffic was not interrupted or suspended.'

(Paragraph 3) 'The exception (Paragraph (b)) was worded as it is for a purpose, that purpose being not to penalize the Carrier for conditions not within its control (and those conditions are named):

(Paragraph 6) '* * * * * the only time the Carrier can claim exception is when "traffic is interrupted or suspended 'by conditions not within the control of the company."'

"In their rebuttal brief, with similar preparation and official sanction, they say:

(Paragraph 2) `* * * * * the exceptions are where traffic is interrupted or suspended * * * * *.'

(Paragraph 3) '* * * * * Article 17 names all of the exceptions thereto * * * * *. All rules are in full force and effect unless and or until exceptions are contained therein and those exceptions are specifically worded with no chance for misinterpretation.'

(Paragraph 7) '* * * * * when none of the exceptions as shown in the rule are in evidence:

(Paragraph 9) '* * * * * the rule in question is quite clear as to language and intent and can only mean that regularly assigned employes are guaranteed one days pay within each twenty-four (24) hours if ready for service, with the exceptions as noted in the rule and * * * * * traffic was not interrupted or suspended * * * * *.'

"From the foregoing it is very clear, first, that Article %VII (b) in its literal meaning, and as interpreted by this Board and by the employes themselves in connection with a case resulting in Award 708, requires payment only for time actually worked when employes covered by the schedule are released because there is no work to do, when such lack of work is occasioned by disruption of communication; secondly, that communication on the morning of the eighth was disrupted by violent weather conditions utterly beyond the power of the Carrier to control in the first instance, or to remedy during the period covered by this claim; that the employes' unilateral construction of the rule in 1923 was not agreed to by the Carrier, was simply advanced by the Telegraphers as their own construction at that time was never asserted by them to be the Carrier's construction, was admittedly advanced with the information that the Carrier might and probably would disagree on many of the details, and has subsequently been completely repudiated by the Telegraphers by their own submission in a case resulting in Award 708. In consequence of the foregoing, the claim asserted is completely without foundation, and we respectfully submit that it is the Board's duty under the facts and the law to dismiss it."

OPINION OF BOARD: A regularly assigned telegrapher in the Topeka Relay office reported for duty on April 8, 1938 and after working approximately one hour was released from service for the remainder of the day. He was paid pro rata rate for the time actually worked. The claim is for a full day's pay.

On the day in question there was a severe storm which resulted in a serious interruption of traffc. A number of telegraphers were notified not to and did not report for duty on that day. The employe involved in this claim was not so notified, did report and was used as indicated above.

Petitioner, relying on Article III (d) and Article XVII (a) of the prevailing agreement, contends that when an employe reports for duty, whether he works or not, e is entitled to a full day's pay. Article III (d) provides:

Carrier rests its refusal to pay the employe a full day's pay upon Article XVII (b), which provides:

Article XVII (a) guarantees to regularly assigned employes a full day's pay within each twenty-four hours on all days they are supposed to work, except under conditions specified in Section (b) of said Article. Stated another way, Carrier suffers the loss if there is no work for an employe to do on his regularly assigned days, unless his failure to work is due to one of the causes specified in Section (b), in which case the employe is required to bear the loss.

The parties are in agreement that traffic was interrupted on April 8, 1938 as the result of a storm which is a condition not within control of the Carrier, and that this condition brought about the circumstances which gave rise to this claim.

Petitioner's contention that Paragraph (b) of Article XVII applies only in cases where Carrier notifies employes in advance of reporting for work that work will not be available because of traffic interruptions finds no support in the rule. The rule does not require the giving of advance notice. Moreover, to so interpret the rule, would in effect write out of Paragraph (a) the provision "if required on duty less than the required minimum number of hours." These words have some meaning which cannot be disregarded (see Award 109). They relieve the Carrier of liability in this case. Whether the rule is fair is a question which we cannot consider (see Awards 219 and 708).

Petitioner relies upon an interpretation placed on the rule by the committee representing employes when the agreement was executed. The interpretation was issued shortly thereafter. While conceivably this might be of value if there was ambiguity in the rule, it is of no binding force on the Board in this case. The rule is perfectly clear and unambiguous and the only authority of this Board is to apply the rule as the parties made it.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:

That the carrier and the employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;

AWARD