1. Carrier violated the Agreement between the parties when on. September 25, 26, 27, 28, 29, October 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 16, 17,18, 19, 20, 23, 24, 25, 26, 27, 30, 31, November 1, 2, 3, 6, 7, 8, 9, 10, 13, 14 and 15, 1977, it required Train Dispatcher P. E. Oliver, Jr., to perform overtime work in transferring business to the oncoming dispatcher and refused to compensate him therefor.

Avard Number 23240
 Docket Number CL-22802
CLAIM N0. 2
2. Carrier shall now be

 P. E. Olivgr, Jr., at the
 follows:

 Page 2
    required to compensate Train Dispatcher


time and one-half rate of pay as

 September 25,' 1977 - 25 minutes September 26, 1977 - 1 hour '
 September 27, 1977 - 2$ minutes September 28, 1977 - 30 minutes
 September 29, 1977 - 35 minutes October 2, 1977 -20 minutes
 October 3, 1977 - 30 minutes October 4, 1977 - 25 minutes
 October 5, 1977 - 40 minutes October 6, 1977 - 35 minutes.
 October 9, 1977 - 20 minutes October 10, 1977 - 45 minutes
 October 11, 1977 - 30 minutes October 12, 1977 - 35 minutes
 October 13, 1977 - 35 minutes October 16, 1977 - 25 minutes
 October 17, 1977 - 25 minutes October 18, 1977 - 40 minutes
 October 19, 1977 - 35 minutes October 20, 1977 - 30 minutes
 October 23, 1977 - 20 minutes October 24, 1977 - 25 minutes
 October 27, 1977 - 40 minutes October 30, 1977 - 20 minutes
 October 31, 1977 - 30 minutes November 1, 1977 - 30 minutes
 November 2, 1977 - 35 minutes November 3,. 1977 - 1 hour 20 minutes
 November 6, 1977 - 25 minutes November 7, 1977 - 30 minutes
 November 8, 1977 - 30 minutes November 9, 1978 -35 minutes
 November 10, 1977 - 40 minutes November 13, 1977 - 20 minutes
 November 14, 1977 - 20 minutes November 15, 1977- 35 minutes

 CLAIM N0. 3
    1. Carrier violated the Agreement between the parties when on November 2, 3, 4, 7, 8, 9, 10, 11, 14 and 15, 1977, it required Train Dispatcher R. R. Frye to perform overtime work in transferring business to the oncoming dispatcher and refused to compensate him therefor.


    2. Carrier shall now be required to compensate Train Dispatcher R. R. Frye at the time and one-half rate of pay as follows:


November 2, 1977
 November 3, 1977
 November 4, 1977
 November 7, 1977
 November 8, 1977
 November 9, 1977
 November 10, 1977
 November 11, 1977
 November 14, 1977
 November 15, 1977

- 55 minutes - SO minutes - 40 minutes - 45 minutes - 30 minutes - 40 minutes - 30 minutes - 30 minutes - 40 minutes - 45 minutes

                  Award lfumber 2324o Page 3

                  Docket 1Ptmiber CL-22802


OPINION OF BOARD: The Claimxatss represented by BRACs were assigned as
 Train Dispatchers at Bluefield, West Virginia. The instant claims arose after the Carrier refused to compensate the train dispatchers at the overtime rate for transfers of information made by the Claimants, after eight hour shifts, to train dispatchers coming on duty for their next shifts.

 The Carrier's refusal to compensate the Claimants at the overtime rate was based on its application pertinent part as follows:

                      Rule - 29


        (a). Vn7.ess otherwise we is this Agrmnt,

        eight consecutive hours on dutys~of

        meal period, shall constitute a day's work.


                      Rule - 69


            (d). Sight consecutive hours, with necessar tine for making transfers,, will cons itu a day -5 work for train dispatchers. (emphasis added).


Rule 69(d) first appeared in an Agreement between the Carrier and the Order of Railroad Telegraphers, effective March 1, 1907,, reading an follows:

            "Eight consecutive hours with necessary time for making transfers will constitute a day's work far Trick Train Dispatchers."


When the clerk and telegrapher agreements on this Carrier were consolidated into one agreement effective April 1, 1973, certain rules were retained while others were eliminated. Rule 69 is one of the retained rules.

 A reading of Rules 29 and 69(d) leads to but one interpretation. Role 69(d) is a specific exception to general Rule 29. Rule 69(d) is explicit; it does not provide overtime pay for making transfers,, even if those transfers are made after a shift of eight hours. The Organization's argument that the Carrier violated other gneral provisions in the osatrsot is nab persuasive. In the face o? WA 69s s special rule gvvwning the basin day ad train dispatchers. In an agreements where there are general and special provisions.. the special provisions.. prevail over the general rules. See Awards 11242, 18374, 20688. These findings do not address the question of whether the transfers involved were beyond the scope of the normal. duties of the involved
                  Award Number 23240 Page 4

                  Docket Ntmber Q.-22802


dispatchers as there is insufficient evidence in the record to reach any such conclusion. Accordingly., this claim must be denied.

        FIIDIIGB: The Third Division of the Adjustment Board,, upon the whole record arl all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Eeployes involved in this dispute are respectively Carrier sad Eaployes 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 the Agreement was not violated.


                      A W A R D


        Claim denied.


                        NATIONAL RAILROAD AWIISWNT BOARD

                        By Order of Third Division


ATTEST: -(4 AW, gtaoe~
      Mc'dcutive Secretary


Dated at Chicago, Illinois, this 31st day of March 1981.

 I