Paragraph (d) covers general exceptions from travel time pay. It pro vides, first, that travel time pay will not be allowed to employes while traveling in the exercise of seniority rights; second, that travel time pay will not be allowed to employes while traveling between their homes and designated assembling points; and third, that travel time pay will not be allowed to employes while traveling for other personal reasons. Here again, taken in relation with Rule 44 which designates assembling points, we find that traveling time is not payable under the circumstances involved in this case.

It is plainly seen that there was no intention on the part of the parties to the agreement to pay for the travel time referred to in the claim. Consequently, it appears that the petitioning organization has, by this case, instigated an exploration or fishing expedition to see if it might not in this manner enlarge the agreement. The Management relies upon the foregoing rules and evidence to show that:

1. The time of the employes began and ended at the point at which the work was located, viz., Bridge 13.55; (Rule 44)

2. Payment will not be made for time riding regular (suburban) trains; (Rule 44)

3. The starting time was designated by the supervisory officer; (Rule 45 and Exhibit No. 1) and

4. Travel time under the circumstances is not to be paid for. (Rule 48)

OPINION OF BOARD: This is a claim of System B. & B. Gang Foreman H. A. Delonjay and members of his crew that they be paid pro rata for all time traveling in advance of and after the completion of their regular 8-hour assignment from February 2, 1942, and all subsequent days that outfit cars were stationed at Riverside, Illinois. The Employes state that this crew is assigned to outfit cars, which cars constitute their headquarters.

Sometime prior to February 2, 1942, this crew was assigned to work on the Chicago Division, the outfit cars being spurred out at Riverside, Illinois. The hours of assignment of this gang were from 8:00 A. M. to 4:30 P. M. with thirty minutes off for lunch. Prior to February 2, 1942, this gang started work at its scheduled starting time at Riverside where the outfit car was stationed and rode their motor car to Bridge 13.55, approximately three miles west of Riverside where they were employed during the day and then rode their car back to Riverside in the evening, reaching the outfit car, their headquarters, at 4:30 P. M. Under date of January 30, 1942, they were instructed to commence and end their assignment at Bridge 13.55 and to use suburban service going to and from the point of work.

Employes rely upon schedule Rules 44 and 48 (b). This Referee does not believe that Rule 48 (b) applies in this case. The rule which governs here is Schedule Rule 44, which is as follows:

In Terminals-Where location is designated for tools to be stored for work on which engaged.

Section Forces-At tool house.

On Line-When in outfit cars, point at which work is located, provided they are not required to use hand or motor cars or work trains to and from point of work, in which event point of boarding or leaving such hand or motor cars or work trains will mark the beginning or ending of time.

It will be noted that Rule 44 provides: "On Line When in outfit cars, point at which work is located," so clearly under this rule the assembling point where employes' time would start was at the point at which work is located. Finally, the last paragraph of Rule 44 specifically provides that payment will not be made for time riding on street cars, regular or shop trains to get to the assembling point. This record shows tere were regular trains operating on schedule.

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;

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

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division