ice rendered by him at dock 4 was as a freight check clerk, while all the service rendered by him at dock 11 was as a supervisor. Dock 4 is on the southside of the Turning Basin and dock 11 is on the northside of the Turning Basin, and about one mile apart via the travelled route. It will be further noted that the lapse between tours of duty ranged from three to eight hours, except on August 30th and December 30th, when there was a lapse of one hour, and one hour and thirty minutes respectively.

"We submit that the time was properly allowed in accordance with the terms of the contract and that the claim is without merit and should be de clined. "

OPINION OF BOARD: The question to be decided by the Board is whether freight check clerks, whose service is intermittent, shall receive overtime after eight cumulative hours of actual work, when two or more tours of duty are worked on the same day, or shall be paid separately for each tour of duty with overtime accruing only when more than eight hours are worked on a single tour.

The employes contend that overtime begins when cumulative hours actually worked on one, two, or more tours of duty exceed eight; the carrier, on the other hand, that overtime begins only when time actually worked on a single tour of duty exceeds eight hours. The parties are not in dispute that total time to be paid for is that actually worked or held for duty as provided in Rule 3-(a).

Under Article 2, rates and basis of pay, Rule 3-(a) provides that the hourly basis of pay for freight check clerks for actual time worked or held for duty shall continue in effect and that time and one-half rate shall apply for actual time worked or held for duty in excess of eight hours.

Paragraph (b) of Rule 3 is the conversion rule, providing that employes formerly paid on a monthly basis shall thereafter be paid on a daily basis. Paragraph (c) of Rule 3 is the so-called guarantee rule, providing for six days' woik per week (except in weeks in which holidays occur) for employes covered by the rule, with a note appended that Paragraph (c) does not apply to freight check clerks.

Under Article 4, overtime and calls, Rule 11-(a) provides that time in excess of eight hours exclusive of meal period on any day will be considered overtime and paid on the actual minute basis at time and one-half, except as may be otherwise provided in the rules. Other paragraphs of this rule are not pertinent to a determination of the issue here.

It is clear from the provisions of Rules 3-(a) and 11-(a) that check clerks are not excepted from the provisions of the overtime rule. Neither of these rules contains any provision that the Board deems sufficient to sustain the carrier's contentions that overtime for freight check clerks begins to accrue only after eight hours have been worked on a single tour of duty. In the light of the rules the Board holds that overtime for freight check clerks whose service is intermittent begins after eight cumulative hours, actually worked or held for duty, whether on one or more tours of duty, exclusive of meal periods, on any day, and for the purpose of applying this Award, the expression "on any day," is construed as making any tour of duty a part of that calendar day on which it begins, notwithstanding that it may not be completed until after the midnight hour.

Based on all the facts and circumstances of this particular case, not establishing a precedent with respect to retroactive payments, the Board is of the opinion that compensation should not be allowed prior to January 17, 1938.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:

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That the carrier and the employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That overtime for freight check clerks whose service is intermittent shall begin after eight cumulative hours have been worked or held for duty, exclusive of meal periods, on any day, on one or more tours of duty, in accordance with the above Opinion.

AWARD