rest at layover or set-out points, providing the period of release in 3, hours or more. In this case the period of release amounted to 3 hours and 30 minutes.

Rule 1 (e) provides that time will be counted as continuous from the time required to report for duty until released subject to deductions and in connection with those deductions we direct attention again to the last sentence of Rule 1 (b), which provides for the deduction of the period of release at layover or set-out points when the period of release from service is in excess of three hours.

The Carrier contends that Rule 6 has no application because that rule provides for payment for time actually worked by a steward when required to report foi· a train scheduled to depart between the hours of 9 P.M. and 4 A.M. Stewards assigned to Trains 7, 17 and 18 perform no work during the period of release at Milwaukee between 8 P.M. and 11:30 P.M. and when they board Train No. 17 at 11:30 P.M. no service is required of the steward until he is scheduled to go on duty the following morning at 5:15 A.M.

As to Rule 24, it is the Carrier's position that that rule has reference to sleeping accommodations at away-from-home terminal point, which would be Tacoma in this case. However, we direct attention to the fact that even though Milwaukee could be considered a layover point within the intent of Rule 24, the Carrier has arranged for sleeping accommodations at that point during the period of release from duty.

The Carrier maintains that the claims are not supported by the schedule rules; in fact, the rules specifically provide for assignments such as exist in connection with Nos. 7, 17 and 18 and we respectfully request that the claims be declined.

(Exhibits not reproduced.)

OPINION OF BOARD: This claim is made in behalf of Stewards L. K. Wilmot, J. W. Gray, and M. L. Sneby for continuous time from time required to report for duty at Chicago, Illinois, until 11:30 P.M., schedule time of arrival of Train No. 17 at Milwaukee.

These claimants were assigned to Trains 7, 17, and 18 operating between Chicago, Illinois, and Tacoma, Washington.

The record shows these claimants were required to report for duty at Chicago at 2:00 P.M. to stock their car and depart from Chicago in service on Train No. 7 at 6:20 P.M., serving the evening meal. Train No. 7 arrives at Milwaukee at 7:40 P.M., where the dining car is cut off and crew is released at 8:00 P.M. This dining car is placed on Train No. 17 scheduled to leave Milwaukee at 11:40 P.M. en route to Tacoma, Washington. Claimants board Train No. 17 on arrival at Milwaukee and retire for the night in dormitory,space available and ready for them. Claimants again report for duty the following day at 5:15 A.M. and are released for rest at 10:00 P.M.

No provision was made by the Carrier to provide rest accommodations at Milwaukee for use of Claimants from 8:00 P.M. to 11:30 P.M. until March 14, 1950.

Effective March 14, 1950, the Carrier provided rest accommodations at Milwaukee for the use of stewards assigned to Trains 7, 17, and 18. Therefore, the claim should be sustained for the named claimants for dates stated during the period October 12, 1949, to March 13, 1950, both inclusive.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That both parties to this dispute waived oral hearing thereon;

That the claim will be sustained in accordance with the Opinion.

AWARD