THE CLAIM OF THE ORGANIZATION, THEREFORE,

IS WITHOUT MERIT FOR THE FOLLOWING REASONS:

1. It is the fundamental right of the carrier to assign carmen on road trips in whatever manner is necessary or desirable, except as that freedom has been limited by law o rsome clear and unmistakable language in the collective bargaining agreement.

2. The Organization agrees that the claimants were subject to Schedule Rules 22(a) and 22(b) while performing the work involved in this case.

3. Rule 22(b) clearly allows employes on ordinary road trips to be tied up for a non-compensated rest period of more than five hours at any time "during the time on the road."

4. The lack of limitations on the maximum length of the non-compensated rest period and the time it may be assigned under Rule 22(b) contrast sharply with the more restrictive provisions for assigning Test periods to wrecking service employes under Rule 22(c).

5. The claimants were tied up for overnight rest periods under Rule 22(b) in conformance with the carrier's responsibility and duty to operate its business in a safe, efficient and economical manner.

6. The organization's contentions that rest periods must be given before freight car repairs are completed and then only in the employe's own discretion without any regard for the safety and economy of operations, are obviously illogical, absurd and wholly unsupported by any language in the agreement.

7. The Carrier's interpretation of Rules 22(a) and 22(b) is supported by past practice failure of the organization to appeal the decisions of the carrier which reject previous similar contentions by this organization.

8. Award No. 1637 of this Board, involving rules, facts, and issues directly in point, supports the carrier's position and should be followed in this case.

For the foregoing reasons, the carrier respectfully requests that the claims of the employes be denied.

FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved hemein.

Parties to said dispute were given due notice of hearing thereon.

On May 31, 1960 Claimants were ordered to proceed by Carrier's Highway truck to Helena Montana to rewheel a car. They were instructed that if, after completion of the work, they were unable to return to home point by their regular quitting time, to remain at Helena until 7:30 A. M. the following day and then depart for Great Falls.

Claimants completed their work at 3:00 P. M., precluding a return to Great Falls by 4:00 P. M., and tied up at Helena, departing for Great Falls at 7:30 A. M. June 1, 1960.

Claimants allege that under Rule 22(a) of the controlling agreement, they are entitled to fifteen and one-half (151/x) hours' overtime for the waiting time at Helena.

Carrier's contention is that this period was time relieved from duty under Rule 22(b), and that Claimants have already been properly compensated.

Rule 22(a) reads as follows:

"Other than as provided in paragraph (b) of this rule, an employe regularly assigned to work at a shop, enginehouse, repair track or inspection point, when called for emergency road work away from such point, will be paid for all time from time ordered to leave home station until his return as follows: for all time waiting or traveling, straight time rate during home point working hours, time' and onehalf during home point overtime hours; for all time working, straight time rate during home point working hours, overtime- rate as per Rule 17 during home point overtime hours."

Rule 22(b) reads as follows:

"If, during the time on the road, a mean is relieved from duty and permitted to go to bed for five (5) or more hours, such relief will not be paid for; provided that, in no case, shall he be paid for a total of less than eight (8) hours each calendar day, when such irregular service prevents the employe from working his regular daily hours at home station. Where meals and lodging are not provided by railroad, actual necessary expenses will be allowed. Employes will be called as nearly as possible one (1) hour before leaving time and on their return, will deliver tools at point designated."

It is Claimants' position that the emergency road work having been completed, the time spent at Helena thereafter could not be considered time relieved from duty under Rule 22(b).

Numerous awards of this Division have been cited, and both Claimants and Carrier cite our Award 1637 as persuasive to their positions.

In that award we held (under similar rules) that emergency road service began when claimants left home pont, and ended when they returned to home point; and that when rest of five hours or more can be had after leaving and before returning to home point, outside of assigned hours and waiting and traveling time the exception applies and the employes are not entitled to pay for such time under the rule.

We find this to be a correct interpretation of the Rules now before us and accordingly determine that the fifteen and one-half (151/2) hours spent at Helena was time relieved from duty within the meaning of Rule 22(b), and need not be paid for.

AWARD