either provide transportation without charge or reimburse the employe for such transportation cost. (`Transportation' means travel by rail, bus or private automobile and `transportation cost' means the established passenger fare or automobile mileage allowance where automobile is used.)"

Since November 5th, 1953, as we have indicated, Claimant Carroll has driven his own automobile for the purpose of performing relief service at Mason City. In connection with the use of his own automobile in transporting himself between Austin and Mason City and as the trips were made to permit arrival within one hour and thirty minutes prior to the starting time of the shift at Mason City, and to permit departure within one hour and thirty minutes after the completion of the shift at Mason City, there would be no allowance due or made employe Carroll for traveling time, the only allowance being made to the claimant was the established auto mileage. Without reasonable train or bus service being available, it was a matter of convenience to the employe to allow him to use the company truck during the period that its full time use was not required at Austin. Certainly, there is no more effort required in driving a one-half ton company pickup truck than in driving an automobile and where there was no more time consumed in doing so, it is the position of the Carrier that the traveling time provisions of the 40 Hour Week Agreement or Decision 6 of the 40 Hour Week Committee could not be so construed as to require payment for time spent in traveling in company truck for the sole purpose of transporting himself when the rules specifically provide no such payment for the time an employe spends in traveling by means of his own automobile.

The automobile mileage allowance as referred to in Rule 38(c) represents the expense which the employe incurs in driving his own car and is in no way payment for time consumed in driving his own automobile. Therefore, where the company pickup truck was used in lieu of private automobile there could be no basis for claim for payment of time consumed in driving the vehicle. In other words, the time consumed in driving the company truck was no different than the time consumed in driving his own automobile and the only payment made when driving his own automobile is mileage allowance representing car expense.

We submit that the Carrier provided "transportation without charge" to Claimant Carroll and as he did not consume-in actual travel, including waiting time enroute-more than one hour and thirty minutes in advance of his starting time nor more than one hour and thirty minutes after the completion of his shift, there is no basis for this claim and it should be declined.

It is affirmed that all data contained herein has been presented to the employes.

(Exhibits not reproduced.)

OPINION OF BOARD: Claimant E. M. Carroll, Relief Perishable Freight Inspector, in order to fill his assignment drove a company owned pick-up truck between Austin, Minnesota and Mason City, Iowa. His assignment Saturday, Sunday and Monday was at Austin, his headquarters, and on Thursday and Friday of the work week he was at ason City. These two cities are some 40 miles apart. This claim terminated on November 5, 1953 when such use of the truck was discontinued and Claimant used his own automobile under Rule 46.

Claimant contends that he had to leave Austin at 5:30 A. M. on Thursday in order to arrive at Mason City to fill his assignment at 7:00 A. M., to relieve the regular occupant of Position F-43 at that time. That on completion of his assignment on Friday at 4:00 P. M., he returned to Austin, his next work location, arriving there at 5:30 P. M. The claim for compensation is based on Rules 3(b), Overtime, and 34(c), Notified or Called, of the applicable Agreement.

Respondent Carrier, in support of the position taken, cites Rule 38. Also, that Claimant's predecessors drove their private automobiles originally on this assignment and later drove the pick-up truck and that no claim was made for time consumed while driving their private cars or the pick-up truck. That Rules 32(b) and 34(c) are general overtime rules and Rule 38 is a special rule entitled "Rest Day Relief Travel Time" and is applicable to the instant claim as specifically set forth in the introductory paragraph thereof, "Employes assigned to rest day relief service who are required to travel as a part of their assignment." Cited are Awards 5838, 5942, 6567, 6568, 6400, 6651 and 2304. Also past practice is cited in the method of transportation used by Claimant's predecessors which should control.

Petitioners in dealing with Rule 38 state that the rule defines "transportation" as "travel by rail, bus or private automobile," and further explains "transportation cost" as the "established passenger fare or automobile mileage allowance where automobile is used." Also, it is contended that train and bus service were available, and as Carrier required Claimant to perform the service i.e., drive the pick-up truck, the time is not "travel time" but is time worked before and after and continuous with his regular work period. Therefore Claimant must be compensated on an overtime basis as required by Rules 32(b) and 34(c) Also, that the pick-up truck is used for the purpose of handling heaters during he winter season, thus the Carrier had a dual service performed, first, for transportation purposes and, second, for service on the property.

The cited rules provide:

"32 (b): Except as provided in Rule 29, time in excess of eight (8) hours, exclusive of the meal period, on any day, will be considered overtime and paid on the actual minute basis at the rate of time and one-half."

"34 (c): Employes notified or called to perform work, either before or after, but continuous with their regular work period, shall be allowed time and one-half on the minute basis for such time worked."

"38: Employes assigned to rest day relief service who are required to travel as a part of their assignment shall be paid travel time as hereinafter provided:

"(a) The Carrier shall designate a headquarters point for each relief assignment. When the headquarters point is to be changed the position will be re-bulletined in accordance with the provisions of Rule 14(b). The change in headquarters will take effect at the time the assignment is made.

"(b) If the time consumed in actual travel, including waiting time enroute, from the headquarters point to the work location, together with necessary time spent waiting for the employe's shift to start, exceeds one hour and thirty minutes, or if on completion of his shift necessary time spent waiting for transportation plus the time of travel, including waiting time enroute, necessary to return to his headquarters point or to the next work location exceeds one hour and thirty minutes, then the excess over one hour and thirty minutes in each case shall be paid for as the working time at the straight time rate of the job to which traveled.

"(c) Where an employe is required to travel from his headquarters point to another point outside the environs of the city or town in which his headquarters point is located, the Carrier will either provide transportation without charge or reimburse the employe for such transportation cost. ('Transportation' means travel by rail,

bus or private automobile and `transportation cost' means the established passenger fare or automobile mileage allowance where automobile is used.)

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