DISPUTE.-" Claim of R. E. S4anafelt for emergency expense at Farthing, Wyoming, August 8 to 18, inclusive, 1934, and for deadhead travel time returning from Farthing to Wellington, Colorado."
FINDINGS.-The Third Division of the 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 Rail%cay Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute Involved herein.
The parties to said dispute were given due, notice of hearing thereon. Hearing w-as bad.
The parties agreed to the following facts and the Third Division so finds them to be:
"R. E. sltmnafelt is an extra telegrapher on the Northern Division. On August 7, 1934, he received a message to go to Horse Creel:, Wyoming, to work account washout. While en route these instructions were changed later in the day and be was ordered to go to Farthing and to open an office there, and directed to word: the third trick as telegrapher 12:01 A. M. to 8 A. 3f., which he did.
"Telegraph service was established at Farthing on August 8, 1934, and continued until August 20, 1934, when the telegraph of6Ae was closed, instruments removed ;And the train-order board taken doo-n. Thu, third trick position was discontinued on August 18.
"sltanafelt was paid deadhead travel time going to Farthing frouA Wellington his home station.
"When the service of third trick was discontinued at Farthing. sbanafelt deadheaded to Wellington, his home station, and made claim muter Paragraphs (a) and (b) of Rule 19, for pay for the actual travel time consumed in deadheading for the return movement, including expenses of $2.25 per day, covering the period used in stop service at Farthing, mud while away from home station.
"The claim for pay for deadheading movement back to home station, Wellington from Farthing. with expenses of $2.'15 per day while away from home station, was declined.
"`tai) Regularly assigned employee taken from their assigned positions to be used at derailments, washonts, or similar einergencdes, will receive the salary of their position. Extra employes when used in similar services shall receive not less than the minimum rate of telegraphers. While away from home station fit such service, telegraldtcrs will lie allowed $2.25 per day for three meals and lodging 50 cents per meal, 75 cents- for lodging.
"`(d) Extra telegraphers who leave performed initial service, transferred to another position by proper authority, will be pail pro rata for actual time consumed in deadheading."'
Farthing is located about three and one-half miles south of the south end of the washout territory. At one time it was a regular telegraph office. Three Sears previous to the time in que?dual the office had been discontinues), but was reopened for a few days to tenlpmardy facilitate the emergency work in the washout territory.
Carrier contends that the Rules above quoted do not apply to the claim of the employee for the reasons (1) that the employee was not used at the lvnshout, and (2) that deadhead travel time in returning from Farthing to Ft. Collins is not covered.
We cannot agree with either oY these c,artentions. While it is true that the Farthing station was not actually within the boundaries of the washout territory, yet it was for all practical amt reasonable purposes at the washout. The construction or interpretation placed m: the language of Rule 79 by tile carrier is too strict. In Docket TL`-70, this Division announcer) its interpretation of the Rule on this Railroad as to deadhead travel time. and we are of the opinion that the same interpretation of that Rule should apply in this case.