less than eight (8) hours each calendar day, when such irregular service prevents the employe from making his regular daily hours at home station. Where meals and lodging are not provided by the railway, actual necessary expenses will be allowed."

(Section (b), Rule 43, is not here involved. Rule 44 provides basis of compensation for employes required by the management to travel on or off their assigned territory in boarding cars, and Rule 47 refers to basis of compensation for employes temporarily or permanently assigned to duties requiring variable hours, working on or traveling over an assigned territory. The provisions of those rules are not involved in this case.)

For the time worked, the travel time and the waiting time as outlined in the Joint Statement of Facts, Covic was compensated as follows:

8 hours at pro rata rate for work performed 7:30 A. M. to 12:00 noon, and 1:00 P. M. to 4:30 P. M., January 4, 1946. 5 hours and 30 minutes at pro rata rate (Rule 43(a) ) waiting and traveling 4:30 P. M. to 10:00 P. M., January 4, 1946. 7 hours and 30 minutes at rate and one-half for work performed 10:00 P. M., January 4 to 5:30 A. M., January 5, 1946. 2 hours at pro rata rate for waiting time 5:30 A. M. to 7:30 A. M., January 5, 1946.

and the only question involved in the claim of Covic is the proper basis of compensation, under schedule rules applicable, for the time he worked during period 12:3() A. M. to 5:30 A. M., January 5, 1946.

Rule 26 provides that employes will be compensated on basis of double time computed on actual minute basis after sixteen continuous hours of work in any twenty-four hour period computed from starting time of employe's regular shift. It is the position of the railway company that waiting or travel time, for which an employe is compensated at pro rata rate under rule 43(a), is not "work" as referred to in Rule 26, and that Covic did not perform sixteen or more continuous hours of work in the twenty-four hour period computed from 7:30 A. M., the starting time of his regular shift on January 4, 1946. It is also the position of the railway company that if travel time or waiting time was considered "work", the rules would provide for compensation on basis of overtime rules for such travel or waiting time after completion of eight hours of service on a day instead of on basis of pro rata rate as provided in Rule 43(a). It is therefore the further position of the railway company that the claim of Covic for double time compensation during period 12:30 A. M. to 5:30 A. M., January 5, 1946, is not supported by the provisions of schedule rules applicable and that such claim could not properly be sustained.

OPINION OF BOARD: This is a Joint Submission seeking an interpretation of the Overtime Rule.

That rule states:

"26. Except as provided in rule 29, time worked continuous with a regular eight hour work period shall be computed on the actual minute basis and paid for at time and one-half rates, with double time computed on actual minute basis after sixteen continuous hours of work in any twenty-four hour period computed from starting time of employe's regular shift."

The question to be decided is whether time spent traveling continuous with the regular work day may be included in computing the sixteen continuous hours of work" as a basis for double time.

Petitioner's position appears to be that double time is payable after sixteen hours of "service" regardless of whether all that time was engaged in the performance of actual work.

Rule 26 was adopted at a special conference for revising the overtime rules and became effective as a supplemental agreement on December 16,

1944. However, it must be read together with the provisions of the principal agreement of April 1, 1936. The latter has a specific rule on travel time which, among other provisions, states:

"Travel or waiting time during the recognized overtime hours at home station will be paid for at pro rata rate."

It is clear that under this rule "service" in traveling or waiting does not authorize the overtime rate but provision is expressly made for the pro rata rate. The new overtime rule has in no way modified or changed this rule and is in harmony with it.

Rule 26 is based throughout on "continuous work". Overtime is given for time worked continuous with a regular eight hour work period. Double time is payable after sixteen continuous hours of work.

Accordingly, under the terms of the Agreement as revised travel time may not be considered as part of sixteen continuous hours of work as a basis for double time. The rule could not have intended that travel time could be a basis for double time although expressly not for the overtime rate.

It follows that the claim must be denied.

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 Jane 21, 1934;

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

That Carrier did not violate the Agreement.

AWARD