computed from the regular starting time of his shift. Time worked continuous with and preceding the regular work period is not used in computing double time and ~a break in the 'continuity of service following the regular work period will also cancel the double time penalty. Where the day's service has terminated, employes may be called for service not continuous with the regular work period and compensated at the rate of time and one-half for all time worked, with no provision for a double time rate.

If it bad been the intent to apply to Sunday and holiday service the same provisions which apply to the regular work week, there would have been no necessity to provide in the Agreement specific rules pertaining to Sunday and holiday service. It would have been sufficient to merely set out one rule applicable to service on all days and no special mention would have been necessary for Sunday and holiday service. Under the circumstances, it is Carrier's position that the provisions of Article 4 providing for payment of double time after sixteen (16) hours of continuous service, coupled with the regular work period, does not apply to service on Sundays and holidays and that the provisions of Article 5, providing for payment of the time and onehalf rate on Sundays and holidays, are controlling in the instant claim.

Carrier, therefore, respectfully submits that this claim is without merit and petitions your Honorable Board that it be denied.

Carrier affirmatively states that all data contained herein has been handled with representatives of the employes.

OPINION OF BOARD: Claimants are section laborers in Section Crew No. 4, Chicago Heights, assigned 7:00 A.M. to 4:00 P.M. with a lunch period of one hour. Because of a snow storm, they commenced work at 7:00 A.M. on January 1, 1948, and worked continuously until 7:00 A.M. on January 2, 1948. They were paid the time and one-half rate for the whole period. The Organization contends that they were entitled to the double time rate after 12:01 A.M. on January 2, 1948.

The controlling provision of the Agreement is Article 4 (a), Agreement dated December 8, 1944, which provides:

"ARTICLE 4, OVERTIME AND CALLS. (a) Time worked preceding or following and continuous with the regular eight (8) hour work period, exclusive of meal 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 (16) continuous hours of work in any twenty-four (24) hour period computed from the starting time of the employe's regular shift. Employes required to work continuously from one regular work period into another shall be paid at the rate of time and one-half for the first sixteen (16) hours work of the second or succeeding twenty-four (24) hour work periods, and thereafter double time until the beginning of the next regular shift or until relieved.

In the application of this Paragraph (a) to new employes temporarily brought into the service in emergencies, the starting time of such employes will be considered as of the time that they commence work or are required to report."

Carrier contends that no provision is made for double time on Sundays and holidays under this rule. In this the Carrier is in error. The rule provides for double time after 16 hours' continuous service in any 24 hour period computed from the starting time of the employe's regular shift. This simply means that in computing double time for work in excess of 16 continuous hours of service, the starting time of an employe's regular shift constitutes the starting point of the 24 hour period whether during regularly assigned days or otherwise. The Rule does not mean that double time is allowable only on days on which the employe holds a regular assignment; it means

that double time accrues in any 24 hour period in which more than 16 consecutive hours are worked and, in determining the beginning of the 24 hour period, the starting time of his regular assignment will be used. The claim should be sustained.

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 the Agreement was violated.

AWARD