NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
Paul Samuel], Referee
DISPUTh.'-"Claim of W. B. Pace, Extra Telegrapher, for emergency expense at Cltugwater, Wyoming, July 18, 1933, and for deadhead travel time returning from Chugwater. Wyoming, to Wheatland, Wyoming."
FINDINGS.-The Third Division of the National Railroad Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier and the employee involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of tile Adjustment Board has jurisdiction over the dispute involved herein.
Au Agrcement exists between the parties bearing the effective date of June lfi, 1924.
The parties to sail dispute were given due notice of hearing thereon. Hearing was had and because of the failure of the Third Division to agree upon an Award, and because of a deadlock, Pan] Samuel] was selected as the Referee to sit with the Division as a member thereof and make art award.
The parties agreed to the following facts :Old the Third Division so finds them to be:
" W. ii. Pace wa.s an extra telegrapher oat the Northern Division. He was sent to Chugwater, Wyoming, to work its :t telegrapher on the night of July 17 from 11 P. At. to 7 A. bt. .July 18. 19'33. This trick was worked but one night. He was prod deadhead travel time going to Chuglvater front Wheatland, his home station. When relieved he deadheaded to Wheatland, ]its ]tome station, from Clrngwater, and made claim for the actual time consumed in deadheading for the return movement; also for $2.25 one day's expenses while at Chugwater. The claim for deadhead movement back to (tome station, Wheatland from Chugwater was declined as well as the claim for $2.25 expense money. The Telegrapher's claim is based upon the provisions of Rule 19 of the Telegraphers' Schedule Agreement, reading as follows:
"'(a) Regularly assigned employes taken front their assigned positions to be used at derailments, washouts, or similar emergencies, will receive the salary of their position. Extra employes when used in similar servives shall receive not less than the minirount rate of telegraphers. While away from home station in sax-h service, telegraphers will be allowed $2.25 per (lay for three meals and lodging-50 cents per mestl, 76 cents for lodging.
"'(b) Regularly assigned employes called for such service will be paid front the time ordered to leave home station until return for all time worked in accordance with the practice at the home station, and straighttittle rate for all time waiting or traveling.
"' Extra employes will be paid from the time ordered to leave bona, station until return ail(] will receive overtime rates for all time worked in excess of eight ]tours, and straight time for till time waiting or traveling.
"'(c) Extra men will receive the same rate of pay as the men they relieve.
"'(d) Extra telegraphers who have performed initial service, transferred to another position by proper authority will be paid pro rata for aetual time consumed in deadheading."'
The Third Division finds that no washout, derailment, or similar emergency occurred at Chugwater on July 17, 1933, nor did Telegrapher Perform any emergency service specifically described in Paragraph (2), Rule 19, on that date.