As heretofore cited by carrier, the basis of the two claims here involved, as stated by the General Chairman, is -

. account not being afforded full meal period between 11:00 A. M. and 1:00 P. M. . . ." (Emphasis ours.)

In Claim (1) the claimants received fifty minutes of the one-hour meal period afforded; in claim (2) they received thirty minutes of the one-hour meal period afforded-within the two-hour spread provided in Rule 11. There is obviously no basis or provision for the employes' claim that claimants be additionally paid one hour at their respective rates account not afforded their full meal period between 11:00 A. M. and 1:00 P. M.

Carrier submits, in the circumstances, the handling given was reasonable and in accord with common-sense interpretation of Rule 11.

There is a cardinal rule of interpretation of contracts to the effect that when an agreement is equally susceptible of two meanings, one of which would lead to a sensible result, and the other to an absurd one, the former will be adopted.

Carrier, therefore, submits Claims (1) and (2) should be denied.

OPINION OF BOARD: On March 30, 1959, Carrier's employes in Signal Gang No. 17, were assigned work hours from 7:00 A. M. to 4:00 P. M. with one hour for lunch. On that day, they received their lunch period from 12:10 P. M. to 1:10 P. M.

It is the position of the Brotherhood that the Carrier violated the provisions of Rule 11 of the Agreement when it did not schedule Signal Gang No. 17 a full meal period between the end of the fourth hour and the beginning of the seventh hour after starting work.

Rule 11 of the Agreement provides:

"When a meal period is allowed, its length shall be not less than thirty minutes nor more than one hour and it shall be between the end of the fourth hour and the beginning of the seventh hour after starting work. If the meal period is not afforded between those hours, it shall be paid for at the overtime rate, and twenty minutes in which to eat shall be afforded at the first opportunity thereafter and without deduction in pay. The provisions of this rule do not apply to an employe assigned to eight consecutive hours, including twenty minutes time for lunch period. Employes assigned to camp cars will be allowed the full meal period at the camp cars."

The Carrier contends that the provisions of the Rule requiring payment at overtime rates for a meal period not allowed within the prescribed hours applies only if no meal period is allowed. We do not agree.

The obvious intent of Rule 11 is to bar the beginning of a meal period before the expiration of the fourth hour after starting work and to bar the ending of a meal period after the beginning of the seventh hour, and such meal period to be not less than thirty minutes or not more than one hour. It is also apparent that, in the case of employes assigned to camp cars, any travel time involved in journeying from a work site to the camp cars for a meal period, and then returning to the work site, will be during work time and under pay.

We find that the Carrier did allow a meal period of fifty minutes at the camp cars within the period prescribed by Rule 11.

Since the Carrier was obligated to return the Claimants to service under pay at 1:00 P. M., we also find that the Claimants should have been under pay from 7:00 A. M. until 12:10 P. M. and from 1:00 P. M. until 4:00 P. M. The Claimants are entitled to additional compensation for 10 minutes at overtime rates.

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

That the parties waived oral hearing;

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

The Carrier violated the Agreement.

AWARD