An additional advantage given to wrecking crews is .that provided in 8(b) which treats time traveling and waiting as time worked and in most instances provides for time and one-half payment instead of the straight time provided other employes under 8(a).

It would be unjust for one man out of a crew of 9 to be paid practically continuous time even though he is released and allowed to go to bed under the terms of rule 8(a) while 8 other men are released from wreck service and allowed to go to bed but without pay for such time resting. This certainly was never the intent of the rule. As stated above, the intent of the rule was to make sure that the man did not receive less than he would have received at his home station.

That this understanding of the rule is correct is borne out by the fact that this claim is the first that we know of since the rule became effective in 1934.

Attention is called to rule 70 quoted above, especially the Note which shows that "present practice * * * may be continued" at Springfield'. There are insufficient men on the Springfield car repair track to completely man the wrecker and it is necessary to use some relief car inspectors. Now the Organization wants to penalize the carrier because it made every effort possible to man the Springfield wrecker with carmen.

Betts worked at Springfield 12:01 A. M. to 8 A. M., Saturday, March 4, 1961, then rode for about 4 hours and then worked until 7:30 P. M. March 4. It was absolutely necessary that he have rest and sleep which was afforded him from 7:30 P. M. March 4th until 7 A. M., Sunday, March 5th.

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 herein.

Parties to said dispute waived right of appearance at hearing thereon.

Claimant Betts, a third shift car inspector at Carrier's Springfield, Ohio terminal was additionally and temporarily assigned to the wrecker crew for the purpose of proceeding to a wreck which occurred March 4, 1961. Claimant worked his regular shift March 4 and also worked on the wrecker crew from 8:00 A. M. until 7:30 P. M. that same day at which time the wrecking crew was tied up for rest. The wrecking crew returned to duty at 7:00 A. M., March 5, 1961, cleared the wreck and returned to Springfield at 10:00 P. M. that day. Carman Betts asks that he be also paid for the hours that he would have worked had he remained at his regular assignment, viz, 12:01 A. M. to 7:00 A. M., March 5, 1961.

Rule 8(a) of the applicable Agreement provides:

"An employe regularly assigned to work at a shop, enginehouse, repair track or inspection point, when called for emergency road work away from such shop, enginehouse, repair track or inspection

point, will be paid from the time required to leave home station until his return at straight time rate for all time waiting or traveling and in accordance with the practice at his home station for all time worked, except if the employe is released from duty or permitted to go to bed for five (5) or more hours (except during regular working hours) such time shall not be paid for. In no case shall an employe be paid for a total of less than eight (8) hours each calendar day when such irregular service prevents employe from making his regular daily hours at home station * * *" (Emphasis ours)

Claimant worked in excess of eight hours on each day that he was away from his regular assignment; he had completed his regular working hours before being released from duty on March 5. Based on the facts before us we are of the belief that the claimant has been paid in accordance with the terms of the Agreement between the parties.

AWARD