Sundays or holidays," except as provided in the second paragraph of Rule 20 (a).

The circumstances under which a monthly rated employe is paid overtime are clearly set out in the second paragraph of Rule 20 (a). First, the regular assigned hours must be increased; or Second, the regular assignment must be changed to include Sundays or holidays; or Third, overtime in excess of three (3) hours must be worked. None of these conditions were met and no overtime is due the monthly rated employes concerned in this case. It is the Employes' contention that work performed on Sundays and holidays during the normal hours of the week day assignment is overtime. This contention is not supported by the rule which says that "Employes working on a monthly basis will be paid a flat monthly salary covering all services rendered without additional payment for overtime, Sundays or holidays." To grant Employes' contention in this case would be, in fact, the elimination of the words "Sundays or holidays" from the language contained in the first paragraph of Rule 20 (a). In other words, the Employes are asking that the rule be applied as though the words "Sundays or holidays" were not a part of the rule.

The monthly rates of the employes concerned in this case are based on 243 hours per month, as stated in the second paragraph of Rule 20 (a). Overtime rate is based on these hours and increases are granted based on these hours even though service performed on Sundays and holidays is very infrequent.

It is the Carrier's position that no payment in addition to the monthly rate is due for service performed on Sundays and holidays during the normal assigned hours of the week day assignment. Rule 20 (a) covering payment of monthly rated employes is clear and provides for no such payment. Carrier respectfully requests claim be denied.

OPINION OF BOARD: The System Committee of the Brotherhood of Maintenance of Way Employes contends Carrier violated the terms of their Agreement when it did not pay certain named employes and all other monthly rated employes, when required to perform service on Sundays and holidays subsequent to August 17, 1946, in accordance with Rule 20 (a) and asks that they be paid in accordance therewith, that is, the rate of time and one-half when these employes were required to work more than three hours on those days. In other words, one-half time in addition to the regular compensation that has already been paid.

The claim covers work performed on Sundays and holidays during the hours regularly assigned on week days, or not more than three hours in excess thereof, by monthly rated employes whose regular assignment did not include those days.

Rule 20 (a), as revised February 14, 1946, provides:

"Employes working on a monthly basis will be paid a flat monthly salary covering all services rendered without additional payment for overtime, Sundays or holidays, and without deduction from the flat monthly salary account curtailment in hours or days worked, subject to the following agreed to modifications:

Employes covered by this rule required to work overtime in the following circumstances will be allowed pay at overtime rate, pro rated on 243 hour base:

1. When regular assigned hours are increased.

2. When regular assignment is changed to include Sundays or holidays.

3. When overtime in excess of three (3) hours is worked."

perform services on Sundays or holidays that they will not be additionally paid because theerof. Consequently, unless items 1, 2 or 3, under the second paragraph of the rule specifically abrogate such provision the claim here made is without merit.

Item 1 has no application here. Item 2 has no application here other than to emphasize the fact that work performed on Sundays and holidays is, under the first paragraph of the foregoing rule, not subject to an overtime rate. Item 3 includes generally all work performed, when in excess of three hours, other than during the hours regular assigned and would normally include work done on Sundays and holidays, when those days are not included as part of the regular assignment. However, item 3 is general in its character, whereas, the provisions of paragraph one are specific as to Sundays and holidays. In the construction of contracts specific provisions are controlling over those that are general in their character. We, therefore, come to the conclusion that the general provision of item 3 do not abrogate the specific provisions of the first paragraph of the rule as to Sundays and holidays and is not applicable to work performed on those days under the circumstances as here shown.

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 Carrier has not violated the Agreement.

AWARD