6. Mr. Hammond is not entitled to "one day lost" on September 3, while transferring from second to first trick, allegedly "on Carrier's instructions." He transferred from second to first trick because he personally asked to do so and the transfer was in ac cordance with his own request. The claim that he did so upon "instructions" of the Carrier is not in accord with the facts.

6. Mr. Hammond is not entitled to traveling time or $1.00 per day expenses. He never left Elmira; hence, he did no traveling and incurred no "extraordinary cost of personal maintenance." (Award 2604. )

7. Mr. Cascio is not entitled to traveling time or expenses of $1.00 per day. There was no proof adduced to the Carrier respecting these items in the handling of the claim on the property. Claims must be proved, not merely asserted.

8. The Carrier is not in agreement with the claim of the Organization that Awards 2604 and 2843 control. 'These Awards were erroneous and should be over-ruled. There should be no hesitation in over-ruling erroneous decisions. (Award 9673-First Division.)

9. Hammond cancelled his bid for the .East Buffalo job; hence, no claim predicated thereon is valid.

OPINION OF BOARD: Claimant Hammond was the regularly assigned operator at the Elmira ticket office with hours 4:00 p.m. to midnight. The rate of pay was 89 cents per hour. On August 1, 1944 a bulletin was posted advertising a temporary vacancy in the position of operator, at East Buffalo yard, hours 4:00 p.m. to 12:00 p.m. at the rate of 95 cents per hour. Hammond bid for this and was assigned to it. The carrier, however, for reasons which it claims were beyond its control, did not relieve him from his regular assignment to fill the temporary position for which he had bid, but did pay him the rate of pay of the temporary position. This payment by the carrier establishes that the assignment of the claimant to the temporary position was in effect even though the claimant never occupied the position. Award 2843.

August 16, 1944 a bulletin was posted advertising a temporary vacancy for the position at the Elmira ticket office to be vacated by the claimant Hammond. Claimant Cascio was assigned to this but the carrier was unable to relieve Cascio from his regular position so that he could proceed to Elmira and relieve Hammond. The carrier did, however, pay Cascio the higher rate of the Elmira position. This payment, in accordance with the doctrine set forth in Award 2843, establishes that the assignment of the claimant to the temporary position was in effect.

Hammond makes claim (a) for $1.00 per day for each of thirty-two days that he worked at the Elmira ticket office when he should have been working on the temporary assignment at East Buffalo, and (c) for travel time in each direction between Buffalo and Elmira, and (b) for eight hours at East Buffalo yard rate for time lost while transferring from second to first trick hours at Elmira office on September 3 on carriers instuctions.

Cascio makes claim (a) for $1.00 per day on August 30, and 31, and September 1, on which days he was held off his assignment at Elmira, and (b) for travel time in each direction between Bath and Elmira.

The claimants contend that the failuu°e to pay the $1.00 per day and the refusal to pay for the travel time were violations of Rule 15 (a) of the current agreement, and that the failure to pay Hammond for the day lost while transferring from the second trick to the first trick at Elmira ticket office was a violation of Rule 23.

These two rules read as follows:

"Rule 15 (a). Employes holding temporary or regular assignments will not be required to do relief work except in cases of emergency. When they are required to do relief work at any office other than the one to which assigned, they will be paid the rates of the position they fill, but not less than their regular rates and shall be paid straight time on the minute basis at the rate of the higher paid position while traveling to and from the temporary assignment, in no case to exceed eight (8) hours pay. In addition to this they shall be reimbursed for any time lost in making the change, also receive one dollar ($1.00) per day for expenses."

"Rule 23. Regularly assigned employes will receive one day's pay within each twenty-four (24) hour period according to location occupied or to which entitled, if ready for service and not used, or if required on duty less than the required minimum number of hours as per location, except on Sundays and holidays."

The carrier contends th4t it was not obligated to pay under Rule 15 as there were no expenses incurred and no traveling done. The carrier says that there was no violation of Rule 23 because the transfer was not made at its request but to comply with the wishes of the claimant, who laid off of his own volition on September 2nd anfi 3rd.

Awards 2604, 2843, and 3134 involving this same carrier hold that the $1.00 per day is an arbitrary allowance to be paid regardless of whether expenses are actually incurred. We feel that such is the correct construction of the rule and that these awards are controlling here.

Awards 2604 and 3134 hold that the same principle applies as to the claim for travel time. There is more doubt with respect to this interpretation than as to the other. It is not, however, unreasonable and should in our opinion be followed, particularly as the failure to do so will result only in confusion. For an analogous award, see 2209.

Claim 1 (b) involves an issue of fact. The reason why a day was lost is not from the record at all clear. We think that this claim should be remanded to the parties to jointly develop the evidence on this point.

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