apparently on the basis that the words "at any lay-over, turnaround, set-out or terminal point" merely modify the word "trip" or. describe the points "on any trip" at which release might be made.

The rule involved in the present case contains the conjunction "or" following the word "trip". It reads:

"* * * on any trip, or at any layover, turnaround, set-out or

terminal point * * *:' (Emphasis supplied.)

Hence the term "on any trip" clearly means the movement from point to point as distinguished and separated from the term governing release at points, the same as Article VI of Supplement 27 to General Order 27. Consequently, the Opinion in Award 2704 is inapplicable in this case.

Award 404 denied a claim similar to that now under consideration and, in the Opinion of this Carrier, placed the correct interpretation upon similar rules governing release of dining car employes enroute.

As pointed out above, the rules plainly permit release emoute and deduction of time so released, when in excess of one hour. Th Employes' claim that they be paid continuous time from terminal to terminal is contrary to the specific provisions of the rule, as well as its clear intent, and the Carrier respectfully requests that the claim be denied.

OPINION OF BOARD: The crew of which Claimant was a member was required to report at the depot in Texarkana at 5:25 P. M. and was scheduled to arrive in Dallas at 11:25 P. M. It reported for duty again at 6:10 A. M. at Dallas for return (rip to Memphis, arriving at 10:40 P. M. It reported for duty at Memphis at 6:45 A. M. for the return trip to Dallas, arriving at

twenty-five minutes before arriving at Dallas. Claimant contends that he is entitled to pay for the one hour and twenty-five minutes under the provisions of Rule 2 of the current Agreement.

The applicable portion of Rule 2 is as follows:

"2-2. Employes, with the exception of bus waiters, 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, or 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. * * *

"2-3. 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 2-2 of this rule."

We think the foregoing rule provides that Claimant shall be paid from time of reporting until the end of his trip, less deductions authorized to be made by the rule itself. The deduction authorized are: actual continuous time (1) not required for service on any trip, (2) at any layover, (3) turnaround, (4) set-out or (5) terminal point, where such time exceeds one hour. It is evidence that Claimant falls without classification (1). He was not required to perform service after 10:00 P. M. and until 11:25 P. M., the time of arrival at Dallas. Under the plain terms of the rule, the deduction of the one hour and twenty-five minutes was authorized by the rule.

Claimant relies upon Award No. 2704. We think there is a distinguishing feature in the rule involved in that case which required a contrary result. In that case, the rule provided for overtime for all time on duty in excess of 240 hours "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." We construed the words "at any layover, turnaround, set-out or terminal point" as qualifying and limiting the words "not required for service on any trip". The time claimed in that case not being "at any layover, turnaround, set-out or terminal point;" we decided that it was not a deduction authorized to be made under the terms of the rule.

In the present case the rule provides that all time in excess of 240 hours per month should constitute overtime except "actual continuous time, not required for service on any trip, or at any layover, turnaround, set-out or terminal point". It clearly indicates that time "not required for service on any trip" was something in addition to actual continuous time "at any layover, turnaround, set-out or terminal point". In other words, the time claimed in the present case was an authorized deduction under the applicable rule while in Award No. 2704, it was not. The contention of the Carrier is correct under the plain wording of the rule.

It is urged that in any event Claimant would be entitled to pay under the Deadheading Rule. We think not. Rule 2 is complete in itself and provides for all the pay that Claimant is to receive for the services therein specified. In agreeing to the deduction of continuous time in excess of one hour when not required for service on any trip, the parties did not contemplate taking it from under Rule 2 and placing it under some other rule of the Agreement. It was to be an absolute deduction in determining overtime in excess of 240 hours per month.

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 parties waived oral hearing thereon;

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 the Agreement was not violated.

AWARD