(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Elgin, Joliet and Eastern Railway Company

(1) The Agreement was violated when the Carrier compensated Trackmen Carlos Velasquez, John Pappas, David Rocha, Robert La art, Jr. and Machine Operator Jack D. Wages at their respective straight-time rates instead of at their respective overtime rates for the services each performed from 7:30 A.M. to 4:00 P.M. on April 9, 1975 (System File TG-5-75/VM-6-75).

 (2) Each of the employes named in Part (1) hereof shall now be paid the difference between what they should have been paid at their respective overtime rates and what they were paid at their respective straight-time rates for services each rendered from 7:30 A.M. to 4:00 P.M. on April 9, 1975.

 OPINION OF BOARD: This Board has examined the facts and circumstances
 attendant to the VM-2-72 settlement as set forth in
 carrier's letter of November 13, 1972 to the then Brotherhood's General
 Chairman and while mindful of the aforesaid document's presumptive
 merits finds that the vehement denials regarding what carrier calls the
 interpretative disposition of Rule 28(a) now Rule 51 (a) are too ambiguous
 to conclude unequivocally that this was a mutually acceptable agreement.

 Moreover while cognizant of previous National Railroad Adjustment Board awards construing silenc unanimous and consistent disclaimers of this understanding as well as the apparent necessity given the significance of this change for a jointly authored agreement, encompassing the agreed upon terms and conditions warrants this determination.

 Recognizing that the specific language in Rule 53 (a) addresses overtime factual situations distinguishable from the overtime purposes of Rule 51(a), particularly by Rule 53 (a) emphasis on work calls four (4) hours or more in advance of the regular work period, rather than continuously from the prior regular work period and permitting overtime


termination at the time the employe is relieved from the service for which called, the facts in the instant case indicate continuous employment from the time claimants completed their regular work day on April 8, 1975 at 4:30 p.m. until the completion of their next regular work assignment on April 9, 1975 at 4:30 p.m.

 Since this Board has found the circumstances surrounding the November 13, 1972 letter too ambiguous to construe this communication as the agreed upon modality of Rule 51(a)'s future application, then Third Division award 19390, defining the operational meaning of this rule becomes pertinent. Referee Cole held therein that Rule 51 (a) (then 28(a)) "is directed toward rates of pay when employes are engaged in continuous service until relieved and does not delineate the type of work."

 Accordingly, applying this definition to the specifics of this case, we find that claimants worked continuously from one regular work period to and throughout their next regular work period, that is from 7:30 a.m. on April 8, 1975 until 4:30 p.m. on April 9, 1975. They were not relieved as averred by carrier.

 If clarification and finality of the appropriate meaning and application of Rules 51 (a) and 53 (a) are desired by the Parties, then a collectively bargained memorandum detailing such terms and conditions is the required route.

        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 agreement was violated.

                  Award Number 21817 Page 3

                  Docket Number MW-21843

                  A W A R D


        Claim sustained.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST
 Executive Secretary

 Dated at Chicago, Illinois, this loth day of December 1977.