EMPLOYES' STATEMENT OF FACTS: The daily scheduled arriving time of Train No. 3 at San Antonio, Texas, is 11:45 P. M.

The daily scheduled arriving time of Train No. 26 at Kansas City, Missouri, is 10:45 P. M.

The Dining Car Waiters, Chefs and Cooks are "relieved" of their duties at 9:00 P. M. while en route to San Antonio and Kansas City respectively according to the contention of the carrier, which is denied by the employes. Kansas City, Missouri, and San Antonio, Texas, are layover points for the crews.

The employes are not permitted to abandon the car at 9:00 P. M., but are required to proceed to Kansas City or San Antonio as the case may be so as to be available for service early the following morning or trip.

The employes are not required to show their passes or other forms of transportation to be permitted to ride the train after 9:00 P. M. and until arrival at the layover points, i. e., Kansas City or San Antonio.

The employes are "on duty" until their actual and physical release occurs when the train arrives at the designated layover points.

This claim flows from the "schedule assignment" published by the carrier on December 6, 1942. The protest and notice of claim to the carrier of this violation was made on December 14, 1942.

Authorities in Support of Employes' Contention.

This will certify that there is an agreement extant between the organization and the carrier dated at Dallas, Texas, on the 4th day of April, 1942, copy of which is on file with this Division of the Board.

"HOURS OF SERVICE

RULE 2 (a) Two hundred forty (240) hours or less in regular assignment will constitute a month's work for regular employes ready for service the entire month and who lose no time on their own account. Employes temporarily detached from regular assignment at company's request shall not suffer loss of pay. Employes will be advised of their hours of service in regular assignment.

(b) Employes will be paid overtime on actual minute basis for all time on duty in regular assignment in excess of 240 hours at pro rata rate, .except that actual continuous time, not required for service on any trip, at any layover, turnaround, set-out or terminal point shall be deducted from the continuity of time in all cases where the interval of release from service exceeds one hour; plus not to exceed three periods daily of fifteen (15) minutes each for meals. Employes

Except as herein expressly admitted by the Carrier, the Carrier denies the allegations of the employee and respectfully requests that the Petitioner be placed on strict proof of the allegations.

The Carrier submits that the agreement does not support claim and that it should be denied.

OPINION OF BOARD: Train No. 3 was scheduled to arrive at San Antonio, Texas, at 11:45 P. M., and Train No. 26 was scheduled to arrive at Kansas City, Missouri, at 10:45 P. M. Claimants' scheduled assignments provided that the service of dining car employes on these two trains would terminate at 9:00 P. M. Claimants contend that they are entitled to be paid until their arrival at San Antonio and Kansas City, respectively, on the theory that they were not released from service until they reached those points. Both places were layover points for the claimants working these trains.

The claim involves the interpretation to be given to Rule 2 of the current Agreement. The pertinent part of Rule 2 (b) provides:

"Employes will be paid overtime on actual minute basis for all time on duty in regular assignment in excess of 240 hours at pro rata rate, except that actual continuous time, not required for service on any trip, at any layover, turnaround, set-out or terminal point shall be deducted from the continuity of time in all cases where the interval of release from service exceeds one hour; plus not to exceed three periods daily of fifteen (15) minutes each for meals." (Emphasis supplied.)

"Time will be counted as continuous on each trip from the time required to report for duty until released from duty, subject to exceptions mentioned in paragraph (b) of this rule." (Emphasis supplied.)

It is not disputed that regular assignments were made pursuant to Rule 2 (a) and that such assignments terminated at 9:00 P. M.

The time between the termination of the assignments and the arrival of the trains at employes' layover points do not fall within any of the exceptions stated in Rule 2 (b). In other words, it is not deductible from the time "required for service on any trip." (Emphasis supplied.) We think that the requirement that the "hours of service in regular assignment" shall be fixed is limited by the requirements of Rule 2 (b). In other words, employes are entitled to be paid for time used in making a trip, less authorized deductions, and that regular assignments must be made with this in mind. Unless this be so, it seems to us that employes would fall squarely within tho deadheading rule and the Carrier becomes liable thereunder. Construing the pertinent parts of Rules 2 (a), 2 (b) and 2 (c) together, as well as the deadheading rule, we are of the opinion that assignments of hours of service thereunder must be terminated at or after the completion of the trip. The language of Rule 2 (c), that "Time will be counted as continuous on each trip from the time required to report for duty until released from duty, * * *" of itself infers a release from duty at the termination of the trip. (Emphasis supplied.) We think the position assumed by the Organization is correct.

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

AWARD