The Carrier summarizes its case as follows:

1. Carrier complied with special Rules 16(d) and 17(a) with respect to assignment and compensation of trick, night chief or assistant chief dispatchers relieving the chief dispatcher, and these rules prevail over general rules of the agreement.

2. Prior awards to the effect that relief chief dispatchers are not removed from the scope of the agreement on days they actually work as chief dispatchers are not disputed, but have no bearing here where special rules have been supplied to cover.

3. There is no distinction provided with respect to payment due a trick, night chief or assistant chief dispatcher used to relieve the chief dispatcher, regardless of whether this is on assigned rest days, account sickness, vacation, or any other reason.

4. The practice on the property since negotiation of Rules 16(d) and 17(a) into the collective agreement effective May 1, 1958, supports the Carrier's position that proper payment has been made under similar circumstances.

5. The Petitioner's contention that Rules 8(a) and 17(b) support the claim is unfounded and they have failed to submit proof of these assertions.

In view of the foregoing, this claim should be denied.

(Exhibits not reproduced.)

"Position No. 1 7:00 A. M. to 3:00 P. M., Fri. and Sat.

Chief Dispr. 7:00 A. M. to 4:00 P. M., Sun.

Position No. 27:00 A. M. to 3:00 P. M., Mon. and Tues."

Rule 17 provides in part, as follows:

(b) Time worked continuous with and before or after the assigned hours, exclusive of the time required to make transfer, will be considered overtime and shall be paid for at the rate of time and onehalf on the minute basis."

Rule 8 states in part:

"(a) Permanent vacancies and new positions shall be promptly bulletined to all eligible to bid. Each bulletin shall show the location, position, hours of assignment, compensation, and assigned rest days."

Rule 16 (d) states:

"(d) When a trick, night chief, or assistant chief dispatcher is required to relieve a chief dispatcher, (the latter position not being included within the scope of this agreement) he shall be compensated therefore at $2.00 per day over the daily rate of a trick train dispatcher."

Petitioner argues that the overtime provisions of Rule 17 (b) apply to work performed by a Train Dispatcher on each day of his assignment, including the day he relieves the Chief Dispatcher. It buttresses its position by reference to the specific wording of the Bulletin under which Claimant was assigned (the hours for his Sunday relief assignment were listed as 7:00 A. M. to 4:00 P. M.) and points out that this relief position was established in accordance with Rule 8 (a)'s requirement that each bulletin show the "hours of assignment" Petitioner also suggests that its contentions find support in prior Awards such as Awards 4012, 5976, 7914 and others.

These arguments are not persuasive, in our judgment. Rule 8 (a) cannot be deemed controlling since it establishes no substantive rights. As was stated in Award 13195: " . A job bulletin is merely an advertisement . . . Its nature is informational, not contractual. It cannot be employed to create, modify or destroy legal relations such as those embodied in the basic Agreement . . " Here, the Bulletin advertised the normal assigned hours of the Sunday relief position; it did not, explicitly or implicitly, purport to set forth what compensation, if any, would be forthcoming should the incumbent be required to work beyond 4:00 P. M.

The basic question, then, is whether Rule 17 (b)'s overtime provisions applied to the time worked by Claimant after 4:00 P. M. on the two days in question. Taken alone, this clause would appear to be applicable; however, it cannot be read out of context. Overtime pay, under Rule 17 (b), is earned when an employe works before or after (but continuous with) his assigned hours; those assigned hours are related to a day's work as defined in Rule 17 (a) as "eight . . consecutive hours . " But 17 (a) contains an exception which applies to "employes relieving the excepted chief dispatcher." Under this exception, the relieving employes "will take the hours and conditions of that assignment." The parties knew, when they adopted this clause, that the chief dispatcher was not necessarily limited to an eight hour day and did not receive overtime compensation for hours in excess of eight. When the relieving employe took the hours and conditions of the chief dispatcher's assignment, consequently, he was not entitled to claim overtime after eight hours. The special provision of 17 (a) must prevail over the general provision in 17 (b). See Award 10713 among others. While Petitioner suggests that the 17(a) exception applies only to periods when the chief dispatcher is relieved on a semi-permanent basis (such as during periods of vacation or illness), the

rule contains no such limitation, nor is there any evidence that the rule has been accorded that interpretation on this property.

Under all the circumstances, and without giving any consideration to information contained in the submissions which was not presented on the property, it is our conclusion that the claim must he denied. Prior cited awards are not controlling since they did not deal with rules similar to the rule found in the contract here.

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

That Carrier did not violate the Agreement.

AWARD

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary