STATEMENT OF CLAIM: Claim of the Joint Council Dining Car Employes, Local 495 on the property of the Seaboard Air Line Railway Company, or and in behalf of Mr. aV P. Rhinehardt, Coach Attendant, and all other employes similarly situated that they be compensated for two hundred and five (205) hours at their pro rata rate from June 1, 1950, until they have been permitted to exercise their rights in a regular assignment on trains 21 and 22.
EMPLOYES' STATEMENT OF FACTS: Rule 2(a) of the agreement dated December 1 1943, and as amended effective September 1, 1949 provided in part as follows:
Effective April 30, 1950, the Carrier herein involved, in accordance with Rules 2(b) and 5(g), advertised for bid the following regular assignments:
The entire tour of duty, including layover or rest days, required six (6) days or five (5) complete trips in a thirty (30) days month. The time accumulated each trip is forty-six (46) hours or a total of 230 hours in a thirty (30)
OPINION OF BOARD: It is the position of the Employes that the provision of Rule 2 (a), "Guarantee," reading:
prohibits the Carrier from setting up schedule for regular assignments in excess of two hundred five (205) hours per month. With this contention the Board does not agree. Rule 2 (a) is a guarantee rule only.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and uon 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