"(4) The instructions supplied Conductor Coffey required him to remain on duty until released at St. Albans (less sleep period enroute), which made his trip from New York to St. Albans a continuous service trip.

OPINION OF BOARD: There is little, if any, dispute in the facts in this case. Conductor Coffey performed the following service on what is designated or known as a "snow train." He reported at New York at 7:40 P. M., February 23, 1940 for special service. Train was due to arrive at Waterbury at 6:40 A. M. but was an hour and ten minutes late, arriving at 7:50 A. M. At 8:00 A. M. on February 24 he was in charge of cars deadheading, arriving at St. Albans at 9:25 A. M. the same morning. He was at St. Albans from 9:25 A. M., February 24, until 9:15 P. M., Sunday, February 25 for which he was paid 8 hours "held for service." In arriving at the number of hours he was entitled to be paid for "held for service" Carrier combined the trip in special service from New York to Waterbury with the trip Waterbury to St. Albans on which he deadheaded with the cars.

The Employes contend that under Rules 9 and 16 the "held for service" time at St. Albans should be based solely and only on the "deadhead trip" from Waterbury to St. Albans which was one hour and twenty-five minutes.

The Carrier states that this conductor was credited with 9 hours and 10 minutes for the trip in "special service" New York to Waterbury and for the deadhead on cars Waterbury to St. Albans he was credited with 1 hour and 35 minutes. The total number of hours credited was 10 hours and 45 minutes and, according to the Carrier, under Rule 16, his layover was computed as 10 hours and 45 minutes times two which produced 21 hours and 30 minutes, less three hours "rest" enraute, or a layover of 18 hours and 30 minutes. According to the Carrier the layover expired at 3:55 A. M., February 25, and they paid Coffey for 8 hours under Rule 9.

Carrier says one question only is presented, namely, should the layover time at St. Albans have been computed on the basis of service hours from New York to St. Albans or on the basis of time consumed in deadheading from Waterbury to St. Albans.

The Employes say the only question to be decided in this case is whether layovers are to be computed on the basis of each service trip as provided for in Rule 16 or on a combination of two or more service trips. The Employes contend that layovers, under Rule 16, should be computed on the immediate preceding trip and based on the nature of the service performed, which, in this case, was the trip deadheaded on cars, Waterbury to St. Albans.

Carrier argues that the instructions which Conductor Coffey received required him to remain on duty until released at St. Albans and therefore shows that the trip made by claimant was one continuous trip, New York to St. Albans. Carrier's right to issue service letters to conductors is not denied but such service letters do not annul the rules of the agreement and it is the rules of the agreement rather than letters of instructions that are to be followed.

Turning now to the rules of the current agreement we find that Rule 9 establishes the credit of hours held for service for his immediate preceding trip. Rule 16 provides the manner to arrive at the layover. It is as follows:

Regular assignment where assignment is not completed.

Line service not covered by bulletined schedule.

Special service.

Extended special tour.

In charge of cars moving deadhead.

Deadheading on passes at direction of Management

(except in connection with witness service).

Example: (Special service.) A Chicago conductor used in special service Chicago to Los Angeles, reporting Chicago 2:00 P. M. (C. S. T.) January 1st, and released at Los Angeles 11 :00 P. M. (P. S. T.) January 3rd (elapsed time 59 hours), if allowed rest period enroute of 10 hours would be credited with and paid for 49 hours' service. On basis of 2 hours' layover for each hour of credited service, less rest period enroute, conductor's layover would expire at 3:00 P. M. January 7th, creating a normal layover of 88 hours; however, due to application of maximum layover of 36 hours at away-from-home stations for such service trips, the conductor's layover would expire at 11:00 A. M. January 5th. The conductor's time for this trip would be apportioned as follows:

Credited service ...................... _ - :.49 hours

Rest period enroute . ..... - 10 hours

Layover at Los Angeles (basis 2 for 1) ...... 88 hours

Arbitrary maximum layover that will apply at

Los Angeles - 36 hours

Example: (Deadhead.) A conductor deadheading Chicago to Minidoka, Idaho, for C. C. C. service, leaving Chicago at 11:15 P. M. (C. S. T.) June 1st, arriving Minidoka 11:15 A. M. (M. S. T.) June 3rd (elapsed time 37 hours) would be credited with and paid for 24 hours' service. On basis of 2 hours' layover for each hour of credited service, less hours enroute not credited, conductor's layover would expire at 10:15 P. M. June 4th, creating a normal layover of 35 hours; however, due to application of maximum layover of 24 hours at away-from-home station for such service trips, the conductor's layover would expire at 11:15 A. M. June 4th. The conductor's time for this trip would be apportioned as follows:

Credited service ............................................... 24 hours

Time enroute not credited - - _ 13 hours

Layover at Minidoka (basis 2 for 1) - 35 hours

Arbitrary maximum layover that will apply at

Minidoka . - 24 hours"

The two classes of service here involved are "special service" and "deadhead on cars service." Under Rule 16, the layover of the first class is two hours for each hour of credited service, less rest periods or time enroute not credited, contained in the first paragraph of the rule. The layover of the second class "in charge of cars moving deadhead" is contained in the second paragraph of the rule and it provides for a similar layover with a maximum of 24 hours.

The Board is of the opinion that under Rule 16 classes of service in the first part cannot be merged or coupled with those in the second part. Rule 22 provides payment at the hourly rate for the time held for service at St. Albans. In answer to the Employes' Statement that there were two different classes of service involved which required separate entries in different columns in the Conductors' time-book, the Carrier states: "To be sure the Conductors' time-book shows examples of separate entries for different

classes, but the time credits and pay of conductors are computed in accordance with the rules of the existing Agreement and not on examples appearing in the books containing blank time sheets for the use of conductors in entering their time."

The Board agrees with the Carrier that time credits and pay of conductors are to be computed in accordance with the current agreement and not the manner in which Carrier requires its conductors to enter their time, but the Board is of the opinion that the manner in which the Carrier required the conductors to enter their time in this case tends to show the construction placed upon the contract by the Carrier.

A case involving a very similar question was before the Board of Adjustment in Decision No. 27 and it sustained the contention there made by the Sleeping Car Conductors.

The Board is of the opinion that under Rule 16 the layovers should be computed on the immediate preceding trip based on the nature of the service performed which, in this case, was the trip deadheaded on cars Waterbury to St. Albans.

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:

That the carrier and the employe involved in this dispute are respectively carrier and employe 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

AWARD