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:















The dispute involved herein is predicated upon various provisions of the September 1, 1955 Agreement as amended and supplemented and by this




                        /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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