(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:.

                      (Louisville and Nashville Railroad Company


        STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:


        (1) The Carrier violated the Agreement when it refused to allow the members of Gang,51 the actual meal and mileage expenses incurred when a relief cook was not provided during the cook's vacation from September 24 through October 23, 1970 and from October 26 through November 6, 1970 (SystemFile Nos. 1-23/E-381-6


        (2) The Carrier again violated the Agreement when it refused to reimburse the members of Extra Gang No. 150 for the actual cost of meals taken when a relief cook was not provided during the cook's vacation in 1970 (System File 1-23/E-560-11).


        (3) J. C. Broyles, Jr., Johnny S. Stevens, 0. T. Perkins, Clarence .L. Tankersley, Jack E. Green, James M. Jernigan and 0. Crowe each be paid their expenses as itemized on the expense sheets they submitted for the peroid from 9/24/70 through 10/23/70.


        (4) T. L: Stevens, Jr., 0. Crowe, C. H. Tankersley, J. S. Stevens, J. M. Jernigan and 0. T. Perkins each be paid their expenses as itemized on the expense sheets they submitted for the period from 10/26/70 through 11/6/70.


        (5) C. H. Johnson, E. Travis, R. Holt, C. D. Meadows, A. A. Taylor, D. Boyle, F. Wilson (F6, M. G. Foster, B. Woodring, W. B. Shields, G. E. Carver and A. Adams'(all assigned to Extra Gang 150) be paid their actual necessary expenses when a relief cook was not provided during the cook's vacation beginning on November 30, 19


        (6) The Carrier further violated the Agreement when it failed to provide a cook for APE Gang No. 153 subsequent to April 1, 1970, except for one week in February 1971 (System File 1-12/E-560-12).


        (7) ·Each employe assigned to AFE Gang No. 153 be allowed the difference between the actual c ($2.00) per day they were paid for meals by the Carrier for each day that AFE Gang No. 153 is not provided with a cook. (Employes assigned to this gang on date of claim presentation were Jams L. Downs, Charles E. Browning, Robert D. Vaughan, Dennis L. Benbrook, Danny Harrington, David Joe Lydick, "inneth Dale Kerrick and A. L. Fingers.)


4 0,4
                    Award Number 19577 page 2

                    Docket Number MW-19590


              CPT^iI0^I OF BOARD: Claimants were members of either Gang 51, Extra Gang 150 or AFE Gang 153 and were required by their work to live -: camp cars throughout their work week. Each gang had seven or more men :-i.^g t'·e periods in question. The claim in this case involves four in-

·'nc^s c-~^-~ t_.c Carrier did not furnish a cook to the gang even though it ';"rl _;:=--..i:': cocking and eating facilities. In each instance the employees paid a nea.1 allowance of $2.00 per day but claimed actual expenses.
Effective October 15, 1967 certain provisions of the Award of
 '.-bitratio, ~,o.ard No. 298 were incorporated into and became part of the
 ·:cr!king rules agreement. Two of these provisions are relevant to this matter:
        "=E ·=9, I, (A) (f) One cook will be furnished for each

        __~ of seven (7) men or more, including the foreman,

        r:i~r.,·~t foreman and machine operators working with the

        "ion the gang exceeds 16 men, an assistant cook

        -;ill '^ furnished, and for 30 men or over two assistant

        c~),-.!;s ·iill be furnished . ...


        (,) (:) 2. If the railroad company provides cooking and c.-tira facilities but does not furnish and pay the salary cr ;eleries of necessary cooks, each employe shall be iai·! a -=al allowance of $2.00 per day.


        3. If the employes are required to obtain their ._cnls in restaurants or commissaries, each employe shall he paid a meal allowance of $3.00 per day."


The rctitioner argues that Rule 49 I, (A) (f) is controlling and Rule 49 I, (D) (a) 2 is applicable only when a gang consisting of less than seven men is involved. We find nothing in the Rules and no evidence in the record to sustain this last contention, The Organization also argues that past practice supports its position and presents in its submission a letter dated June 22, 1171 from members of APE Gang 153 as evidence of this practice. It is well established that we are precluded from considering this letter as evidence since it was never presented during the handling of this case on the property. :'.o further evidence appears in the record in support of the past practice ar^ument.
For reasons that are never made clear, Carrier in its submission concedes that r.:nbcrs of A.F.E Gang 153 should have been paid their actual ery e:_p-mscs for the time they were not furnished a cook and only allott7ed $2.G0 per day. Without speculating as to the reasons for this inccasist=rt n:^irtio
                    Award Number 19577 Page 3

                    Docket Number MW-19590


        Both parties agree, and are well supported by this Board's prior ,

·-~rd.s, that Special rules take precedence over general rules. Our reading of the pertinent rules leaves no doubt in this case; the general rule is clenr in that Carrier will furnish one cook for each gang of seven men or
 ,rc; the specific rule is also clear and unambiguous in that if Carrier ^-cvides the facilities but does not furnish a cook each employee will be rnie a meal allowance of $2.00 per day.

 We find nothing in the Rules and nothing cited by Petitioner justifyinl- the payment of actual m _,^ ..ales; that task we leave to the parties in negotiation. The claim must be dpnied,exeept as to mcmbers of AFE Gang 153.

        Z'7"C7GS: 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 `ct, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was violated to the extent indicated in the Opinion.


                    A WAR D


        Claim sustained end denied in accordance with Opinion and Findings.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST:..!~. ,d1` ~.`i;.Asrw ,
 Executive Secretary

 Dated at Chicago, Illinois, this 30th day of January 1973.