POSITION OF CARRIER: The sole and primary question here involved is whether for service performed by Claimant J. W. Murphy on dates involved in claim account reporting less than two hours prior to regular starting time and continuous with regular assignment he is entitled to compensation as provided in section (c), rule 15, current signalmens schedule, under provisions of which section he has been compensated or is he entitled to compensation as provided in section (b), rule 15, current signalmen's schedule, as he is claiming.

Rule 15, Signalmen's Agreement, provides as follows:

"(a) Employes released from duty and called to perform work outside of an not continuous with regular working hours will be paid a minimum allowance of two hours and forty minutes at rate and one-half. If held longer than two hours and forty minutes they will be paid at rate and one-half, computed on the actual minute basis. Time of employes called will begin at time called and will end when released at designated headquarters, unless release is accepted at another point, except that time in excess of one hour from time called to time reporting at designated headquarters or other agreed to point will not be included.

"(b) Employes notified prior to completion of their assignment to report for work outside of regular working hours will be paid a minimum allowance of two hours at rate and one-half. If held longer than two hours they will be paid at rate and one-half, computed on the actual minute basis. Time of employes notified to report for work outside regular hours of assignment will begin one hour prior to time required to report for work and will end when released at designated headquarters, unless release is accepted at another point.

"(c) An employe called or notified to report less than two hours prior to regular starting time will be paid at rate and one-half from time required to report for duty until regular starting time, with a minimum of one hour, and thereafter at regular rate for regular hours worked."

(Rule 15(a) is not here involved.)

It is the position of the carrier that rule 15(c), Signalmen's Agreement, specifically provides for the basis of compensation to be allowed an employe called or notified to report, as in the instant claim, less than two hours prior to regular starting time and that the provisions of rules 15 (a) or 15 (b) are not applicable in cases where the employe is called or notified to report less than two hours prior to regular starting time and continuous therewith.

On the dates involved, Signal Maintainer J. W. Murphy, on basis of instructions given him, reported for work at DeKalb, his designated headquarters, at 6:00 A. M., one hour prior to his regular starting time of 7:00 A. M. Therefore, it is the position of the carrier that the provisions of rule 15(b) would not be applicable in such circumstances and that Murphy was properly compensated on basis of one hour at rate and one-half for his service between 6:00 A. M. and 7:OOA. M. in accordance with the provisions of rule 15(c) Signalmen's Agreement.

OPINION OF BOARD: Claimant Murphy is the regularly assigned Signal Maintainer at DeKalb, Illinois, with established working hours from 7:00 A. M. to 12:00 Noon and 1:00 P. M. to 4:00 P. M. Prior to the completion of his regular assignment, he was notified by the Carrier to report for work one hour in advance of his regular starting time. For this service the Carrier paid Claimant for one hour at rate and one-half under Rule 15(c) of the Signalmen's Agreement. Claimant contends that he should be paid for two hours at rate and one-half under Rule 15 (b) of the Signalmen's Agreement.

The two sections of the Agreement here involved are as follows:

"(b) Employes notified prior to completion of their assignment to report for work outside of regular working hours will be paid a minimum allowance of two hours at rate and one-half. If held longer than two hours they will be paid at rate and one-half computed on the actual minute basis. Time of employes notified to report for work outside regular hours of assignment will begin one hour prior to time required to report for work and will end when released at designated headquarters, unless release is accepted at another point.

"(c) An employe called or notified to report less than two hours prior to regular starting time will be paid at rate and onehalf from time required to report for duty until regular starting time, with a minimum of one hour, and thereafter at regular rate for regular hours worked."

It is quite evident that Section (b) is the more general provision of the two. Section (c) is the more specific and consequently controls over Section (b) on situations coming within it. The facts in the present case recite a situation falling squarely within Section (c), consequently it is the controlling rule and the Carrier properly compensated Claimant in accordance therewith.

Claimant contends that the difference in application of the two sections is founded on whether the employe is notified to report for extra work before or after the completion of his regular assignment. We do not think this is a correct interpretation of the two sections when they are properly construed together. We think the last sentence in Section (b) is intended to give the employe an additional hour at rate and one-half because of the necessity of his making an additional trip to the place of employment to perform the work. It is evident from Section (c) that if the employe was notified to report within two hours prior to regular starting time that an additional trip to perform the extra work was not contemplated, and the reason for the additional hour provided by Section (b) did not exist. So construed the sections are consistent and comply with the evident intention of the parties.

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

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

AWARD