"This is clearly an arbitrary provision for the payment for effort expended by the employes when such is done on their own time. The rule does not require the Carrier to have the checking in and out and the making out of service cards on the employe's own time. If it is done on the Carrier's time, the employes receive pay for time actually consumed by these efforts."

In Second Division Award No. 2565, dated July 17, 1957, the board in its findings said:

"The parties certainly recognize that such allowance is in consideration of checking in and out on the employ e's own time, because it is only paid to those who do so. The position of the employes is that the Carrier may not unilaterally eliminate the allowance by altering the method and time of checking in and out. This rule does not sustain that contention because it simply establishes the amount of pay allowance for employes who perform such service on their own time. It does not regulate which employes will do so nor when they will be required to do so. It does not appear that any other rule limits the rights of the Carrier to decide those matters and, since such right is inherent in Carrier's right to direct the working force as limited by the rules, the contention of the employes must be denied."

The language in the preceding board awards cited, strengthens the belief of this carrier that Carman Clark and Helper Carman Price are not entitled to two hours at pro ;rata rate for checking in and out while they were on vacation under rule No. 47, gas it goes without saying, they did not check in and out while on vacation, nor were they required to fill in or sign service cards covering their vacation period, prior to or following their vacation. Necessary entries on service cards of men, while on vacation, are handled by their supervisor.

Under article 7, section (a) of the vacation agreement, as hourly rated employes, they were allowed eight hours each per day at the pro rata rate for the full number of days on vacation they were entitled to. Section (b) is not applicable, since they are not paid a daily rate under their contract.

Carrier has shown this claim is without merit and respectfully requests that it be denied.

.x

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 dis., pute 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.

Claimants are Carmen employes of the Carrier at the Elmore Shop Track, Elmore, West Virginia. Each claimant had a 15 day vacation in Janu-

ary 1961. While on vacation they were not allowed "checking in and out pay" which they are here claiming.

Rule 47 of the controlling agreement reads as follows:

"At the close of each week one (1) minute for each hour actually worked during the week will be allowed employes for checking in and out."

It is the contention of the Claimants that under Section 7 (a) of the vacation agreement of December 17, 1941, and its agreed to interpretation of June 10, 1942, that they are entitled to the additional compensation called for under Rule 47 (supra.)

Carrier contends that the arbitrary provided for in Rule 47 is based upon time actually worked, and that it is not a part of an employes daily compensation as contemplated by the Vacation Agreemc nt.

The agreed to Interpretation of Article 7(a) of the Vacation Agreement reads in part as follows:

"This contemplates that an employe , having a regular assignment will not be any better or worse off, while on vacation, as to the daily compensation paid by this carrier than if he had remained at work on such assignment, * * *."

We hold that Rule 47 augments the daily compensation of the employes subject to this Agreement as the term "daily compensation" is used in the Vacation Agreement and the agreed to interpretation of that Agreement.

Our Awards 1217, 2105 and 2565, cited by the Carrier in support of its position were concerned with the interpretations of rules involving checking in and out on the. employes' own time or during assigned hours. The instant Rule (Rule 47) is couched in different wording than the rules which we consider in the cited Awards, and it establishes a true arbitrary which becomes a part of the employes' daily compensation.

AWARD