STATEMENT OF CLAIM: Claim of Steward John Plains for February 6, 1947 for payment of 4 hours under Rules 4-C,-1 and 4-D-1 of the current schedule on account of being held on duty upon arrival at New York City on the date in question, not in accord with his assignment, or working schedule in effect on the date not showing protect service in the assignment.
JOINT STATEMENT OF FACTS: John Plains was assigned as dining car steward, Train No. 2/118, reporting for duty at Washington, D. C., 4:30 February , 1947. Upon arrival at New York, N. Y. (Pennsylvania Station), Mr. Plaine was not released but was held for orders from 11:30 A. M. until 12:00 Noon, at which time he was instructed to proceed to Sunnyside Yard and peform protect service. He was released from duty at 2:45 P. M. Compensation for February 6, 1947 was determined on a continuous time basis from 4:30 A. M., until 2:45 P. M., a total of 10 hours and 15 minutes.
Mr. Plains was regularly assigned as steward in Line No. 13. The schedule for stewards in this line, as it appears in Working Schedule No. 190 which became effective January 19, 1947, and was still in effect February 6, 1947, is quoted below:
OPINION OF BOARD: The record in this case shows that the claimant was continued beyond the scheduled arrival time of one run within his regular assignment as published in "Working Schedule No. 190" and compensated therefor on a continuous time basis in accord with the basic ratesof-pay provisions of the Agreement.
The Division therefore is without authority to order the additional compensation claimed.
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
That compensation had been paid in accord with the provisions of the Agreement for service here made subject of claim.