DISPUTE.-" Telegrapher R. I. D~LtIIunt claims payment January 14, 1933, and subsequent dates for the difference in payment between one hour tit pro ra:a rate and two hours at time arid one half for service performed in connection with meeting a train outside regular assigned hours."
FINDING'S.-The Third Division of the Adjustment Board, upon the whole record and till the evidence finds tliut:
The carrier and the employee involved ill this dispute are respectively carrier and employee within the meaning of the Railway Labor Act its approved June 21, 1934.
This Division of tile Adjustment Board has jurisdiction over the dispute involved herein.
The parties tit said dispute were given due notieo of hearing thereon.An agreement bearing date of December 1, 1927, is in effect between the panics.
R. 1. De1-aHunt was regularly as.sigiled to the position of Agent-Telegrapher at New England, North Dakota, the terminus of a branch line, to work 8:00 A.M. to 5: 00 P.M. exclusive of the meal Hour.
Effective Jim,! 26, 193'-, it passenger train scheduled to arrive New England tit 4: 30 P.M., ILadays, lVednesdays, and Fridays, and to depict t at 9:15 A.M. on Tuesdays, Tlouaduys. find Saturdays; also :I mixed train was scheduled to arrive tit New Englntd at 7:20 P.M. on Tuesdays, Thursdays. and Saturdays, and to dep::rt at 6:30 A.DL On Mandays, Wednesdays, and Fridays.
On or about J:mllnry 13th, 1933, the Carrier assigned DeLaHunt to meet the passenger train scheduled to depart at 6:30 A \I. on Mondays, Wednesdays, and Fridays, for which lie waa paid one hour tit the pro ratil hourly rate.
DeLalluut claims lie should be paid two hours at the rite of time and one-half rate for the service performed; he cites and relies upou Rule 12 (c) in the agreement between the parties reading as follows:
"Except as provided in section (a), this rule, employes notified or called to perforln work not continuous with the regular work period will be allowed a minimum of three (3) hours for two (t2) hours work or less, and if held on duty in excess of two (2) hours, time and one-half will be allowed on the minute basis."
DeLaFlunt was compensated for the service performed in accordance with the intent of Rule 12 (a) reading as follows:
"Employes at stations where only one is assigned may be required to be on duty two periods of thne, within a spread of twelve hours, between 6:00 A.M. amt 9: 00 P.M. to meet regular scheduled trains due outside of the regular assigned hours. Overtime rate to apply for the actual time consumed, computed oat the minu a basis, with a minimum of forty minutes applied to each period of time."