While the Carrier does not operate passenger service on the Bluford District, Claimant Lawson could have used freight service or made other arrangements for transportation from the camp car outfit to the Carrier's main line which is only a few miles away. Here the Claimant could have used transportation in his possession on a number of trains to his home at Carbondale, Illinois-approximately 90 miles away. However, the Claimant did not use the transportation issued to him, but instead elected on his own volition to use his private automobile.

In Third Division Award 2786, the Board ruled on an almost identical case and held:

`` . . . The record shows that the Claimant had been furnished with an annual pass which permitted him to ride on passenger trains of the Carrier; there was no passenger train on that portion of the line at the time the Claimant desired to go home and return . . . The rule provides that free transportation will be furnished consistent with the regulation . . .

"Rule 5 does not obligate the Carrier to provide passenger service or other transportation service for the purpose of transporting employes; it only provides that free transportation will be furnished consistent with the regulations. Claimant was given an annual pass. He could ride on passenger trains. There is nothing in the rule that requires the Carrier to bear the expense for transportation when Claimant elected to use other than this Carrier's trains."

In the instant case before the Board, this Claimant too could have ridden the Carrier's trains had he desired, as he holds Illinois Central Annual Pass No. 50562 which he could have used. There is nothing in the agreement that requires the Carrier to bear the expense for transportation because the Claimant voluntarily elected to use his private automobile to make weekend trips to his home. This claim is likewise without merit.

The Carrier submits that the Organization's claim for meal expenses and mileage allowance is entirely without support, and requests that the claim in its entirety be denied.

All data contained herein have been discussed or made known to the Organization.

(Exhibits not reproduced.)

OPINION OF BOARD: The Claimant in this instant was regularly assigned to position of signalman with headquarters in Camp Car Gang No. 308 on the St. Louis Division.

Section 18 of the Agreement reads:

"Camp cars will be the home station as referred to in this agreement for employes assigned to such cars and who have no other assigned home station."

On February 19, 20, 21, 25, 26 and 27, 1957 Claimant Lawson left and returned to the camp car outfit in accordance with his assignment, which hours were 7:00 A. M. to 3:30 P. M. excluding 30 minutes for meal period.

Section 19 of the Agreement reads:

"Hourly rated employes performing service requiring them to leave and return to home station daily will be paid continuous time, exclusive of meal period, from time reporting for duty until released at home station. Straight time for all straight time work. Overtime for all overtime work. Straight time for all time traveling or waiting. Riding on or operating motor cars is considered work as referred to in these rules.

This rule is silent regarding compensation for Employes for noon meat expenses incurred under conditions herein involved.

Section 20 reads:

"Regularly assigned hourly rated road service employes sent from home station and who do not return to home station the same day will be allowed time for traveling or waiting in accordance with Section 22 of this Article. All hours worked will be paid for-straight time for straight time hours and at the overtime rates for overtime hours. Actual expenses will be allowed when away from home station.

It is the opinion of this Board that Rule 20 above cited is clearly not. applicable in this dispute. The argument by the Claimant that by charging the Carrier for lunches during the dates under dispute amounting to $10.75 he in fact saved money for the Carrier is not germane. The existing Agreement under the applicable rule cited by the Organization are silent regarding the right of the Claimant to be permitted to eat his noon day lunch in the camp car provided for that purpose and this Board has so ruled and with which we concur in Award No. 1253.

Also, it is the opinion of this Board that under Section 27 of the Agreement which reads in part as follows:

"When the majority of employes in a crew elect, and conditions permit, they may make week-end trips to their homes, except that such permission may be denied in cases of emergency or rush projects. Assigned time lost account making such trips will not be paid for; however, men may make up such lost time either before or after making such trips, outside regular hours of assignment, at regular rate. When such trips are made free transportation will be furnished."

that "free transportation" as contended by the Carrier means free rail transportation. We are supported in this position as having been the understanding by both parties in view of the fact that this has been the practice and interpretation of this rule since the existing Agreement became effective in October 1, 1936 as indicated in the submission of the Carrier and not disputed by the Organization.

Claimant has failed to prove that free rail transportation was not available to him. Claimant holds Illinois Central Annual Pass No. 50562. The Third Division has similarly ruled in Award 2786.

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

That the parties waived oral hearing;

That the Agreement was not violated.

AWARD