(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (The Denver and Rio Grande Western Railroad Company


1. Carrier violated Article I Section 1, Article II, Section 1, 5, and 7, Article IV, Section 2, 5, 26, of Memorandum of Protective Agreement and Rules 8, 11(u), 11(x) and other related rules of the Agreement when on May 16, 1983, Mr. C. D. Kilker did refuse to allow Mr. D. L. Chavez to place on North Yard Extra Board.
2. Carrier will now be required to pay Mr. Chavez his protected rate of pay from May 16, 1983 until this claim is resolved.
OPINION OF BOARD: Claimant, Mr. B. L. Chavez was bumped from his Seniority
 District in the 0--neral Office Building May 12, 1983, and sought to be placed on the 0rtra Board at North Yard. He was notified that, in order to qualify for this position, he would have to pass a typing test demonstrating that he could type 45 words a minute. While he had been able to type 45 words per minute nine years ago, he took the test and typed 17 words a minute. He was informed that he would be placed on the Extra Board, North Yard, when he became able to pass the test.
The parties had a 1982 Memorandum of Agreement which provided that certain "protected employes", a category into which Claimant fit, "may also train..." for employment. In such a case the employe might be assigned to an "on the job" training program during which he would receive his protected rate or the training rate, whichever were higher.
Rule 8 of the Agreement states that employes entitled to bulletined positions will be allowed thirty working days in which to qualify and if they failed, would retain all their seniority rights, might bid on any bulletined position but not displace any regularly assigned employe. The Extra Board position, however, is not a bulletined job and the Board finds Rule 8 has no applicability here.
Rule 11(u) specifies that "an employee who holds seniority on the district in the General Office, Denver, only, is furloughed because of lack of seniority, they will place on the Denver extra board in accordance with original seniority date." Subsection (x) of that same Rule reads that: "Training will be given to Extra Board employes and in such case employe will be compensated for training at the rate of pay applicable to the position for which he is being trained (but not less than guaranteed rate)." (Underlining our emphasis)
                    Locket Number CL-25853


The Organization argues in addition that Rule 11 states that anployes not holding a regular assignment will be designated as unassigned and that such "unassigned employes will be placed on the Extra Board established for their District to the extent that their services can be utilized."
The Board finds that Claimant was entitled to be placed on the Liver Extra Board and given special treatment accorded employes in the unit from which he was displaced pursuant to the express and specific unconditional provision of Rule 11(u) which, applying commonly accepted rules of construction, predominates over the general language of 6(a). He should have been in that status from May 16, 1983, until his recall to the Communication Department June 9, 1983. Consequently, Carrier is required to pay Claimant Chavez under l1(x) during this period.
        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 Dnployes involved in this dispute are respectively Carrier and Dmployes 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 violated.


                        A W A R D


        Claim sustained.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        Attest: Nancy J. R*v0V- Executive Secretary


        Dated at Chicago, Illinois, this 26th day of July 1985.


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