NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John H. Dorsey, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION DIVISION, BRAC
CHICAGO AND NORTH WESTERN RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Transportation-Communication Division, BRAG on the Chicago and North
Western Railway (M&StL), that:
1. Carrier violated the Agreement of September 1, 1955 when
it declines to pay deadhead time to members of this craft who were
required to leave their headquarters points for re-examination of the
Carrier's Operating Rules.
2. Carrier shall now pay the following telegraphers in the
amounts listed at the rate of their positions for traveling to and
from points other than their headquarters for these re-examinations,
on the consolidated book of operating rules issue of June 1, 1967.
N. E. Berg, Hopkins, Minnesota, from Hopkins, Minnesota
to St. Paul, Minnesota and return, three hours deadhead
time, April 24, 1968.
F. H. Bjornson, same situation, April 24, 1968.
H. A. Mix, same situation, April 27, 1968.
L. N. Wigfield, Hopkins, Minnesota, from Hopkins, Minnesota
to New Prague, Minnesota and return, three hours' headhead time, May 13, 1968.
R. L. Rosenbladt, Roland, Iowa, from Roland, Iowa to Marshalltown, Iowa and return, three hours' deadhead time,
May 11, 1968.
G. R. Krause, Clemons Grove, Iowa from Clemons Grove,
Iowa to Marshalltown, Iowa and return, three hours deadhead time, May 11, 1968.
EMPLOYES'
STATEMENT OF FACTS:
(a) STATEMENT OF THE CASE
The dispute involved herein is predicated upon various provisions of the
September 1, 1955 Agreement as amended and supplemented and by this
to support the case. Will you now allow the claims as presented.
Please advise.
Yours truly,
/s/ M. C. Ruid
M. C. Raid,
General Chairman"
(f) AUTHORITIES RELIED ON
Third Division Awards 3966 (Fox), 10808 (Moore), 11048 (Dolnick),
12422 (West), 13724 (Engelstein), 13865 (Williams), 14124 (Hamilton),
15663 (Kenan), 16173 (Haskell), !6778 (Cartwright), 13799 (Williams).
CARRIER'S STATEMENT OF FACTS: On the dates involved, the
claimants were required to take a re-examination on the operating rules.
Claimants Berg, Bjjornson, Mix and Wigficld were regularly assigned
telegraphers at Hopkins, Minnesota. Claimant Rosenbladt was the agent at
Roland. Claimant Krause was the agent at Clemons Grove, Iowa. The claimants attended the re-examination on their rest days. In addition to the payment for actual time consumed in attending
the classes, claim is submitted
for three hours deadhead time on each date.
The claims have been denied.
OPINION OF BOARD:
The six Claimants were directed to attend
classes for re-examination of rules. Petitioner alleges that Carrier's failure
and refusal to compensate each of them for travel or deadhead time violated
Rule 28(f). Carrier's defense is that Claimants were properly compensated
as specifically provided for in Rule 28(g). The Rule is its entirety, with emphasis supplied, reads:
"RULE 28.
WITNESSES-EXAMINATIONS
(a) Employes taken away from their regular assigned duties
on instructions of the Carrier to attend court, inquest or to appear
as witnesses for the Carrier at any investigation, shall be furnished
free transportation and shall be paid for time lost and/or consumed
at the rate of the position occupied, with a minimum of eight (8)
hours for each calendar day. The compensation received shall not be
less than the employe would have earned had such interruption not
taken place.
(b) An employe who works his assignment or any portion
thereof and is required by the Carrier to devote his time to such
service outside his regular assigned hours, shall be paid under the
Call and Overtime rules of this Agreement in addition to payment for
his assignment.
(c) Extra employes not working on an assignment shall be
allowed a minimum of eight (8) hours at the rate of the position
last worked for each calendar day on
which he is required to devote
his time to such service.
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(d) Employes on vacation leave of absence, or on rest days,
shall be allowed a minimum of eight (8) hours' pay at the rate
of time and one-half, based upon the rate of the position last
worked for each calendar day devoted to such service.
(e) Employes shall be reimbursed for any necessary actual
expense incurred when used under this rule. Any fee or mileage accruing will be assigned to the Carrier.
(f) An employe required to leave his headquarters shall be
compensated for travel time in accordance with Rule 19.
(g) Employes required to report for
re-examination on operating or transportation rules will be paid for time lost, and if required
to leave home will be paid necessary actual expenses. If such reexaminations are required on employe's rest days, payment will be
made on the basis of actual time consumed, exclusive of travel time."
(Emphasis ours.)
Rule 28(a) through (f) prescribes compensation and emoluments contractually vested in employes for service devoted "to attend court, inquest or
to appear as witnesses for the Car:ier at any investigation." The claim before
us is not related to any of those spceified services.
Rule 28(g) is specifically applicable to compensation and emolu.nents relative to "Employes required to report for re-examination on operating or
transportation rules" which is admittedly descriptive of the status of each of
the Claimants during the times material herein.
Because cf the established principle of contract construction that a
specific provision of an agreement peculiar to a particularized circumstance
prevails, we find that we must deny the claim. To hold otherwise would be
an absurdity in that it would be a declaration that Rule 28(g) is meaningless and without force or effect.
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 Emplcyes 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
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 9th day of October 1970.
Kecnan Printing Co., Chicago, Ill. Printed in U.S.A.
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