OPINION OF BOARD: The two claimants, L. E. Mohr and C. E. Wenthe, extra employes, were required to travel from their headquarters at Fredericksburg, Iowa, to protect temporary assignments. Mohr traveled to Carroll, Iowa, a distance of approximately 200 miles by highway. Wenthe traveled to Waterville, Minnesota, about 150 miles by highway. No passenger trains are operated in this territory, and the claimants drove their automobiles.

Mohr claimed 15 hours and 15 minutes deadhead pay, and Wenthe claimed 8 hours. Rule 20 reads as follows:

"Except as otherwise provided in this agreement, extra employes deadheading on Company's business shall be paid for the actual time consumed, computed from departing time to arriving time including layover time, at the rate of position relieved, on the minute basis; such payment not to exceed eight (8) hours for each twenty-four (24) hours computed from departing time. This will not apply when deadheading exclusively within a terminal, or when payment otherwise accrues which would serve as a duplicate. Deadheading resulting from the exercise of seniority rights shall not be paid for."

The time claimed was based on freight train schedules from Fredericksburg to the respective work locations, including layover time. Employes contend that support for this basis lies in a letter from Carrier's Chief Dispatcher, concurred in by the General Chairman, in which, it is alleged, the freight train schedules were used to determine the deadhead time required to be paid for by Rule 20. In short, the Employes contend that the letter just referred to constitutes an agreement to use freight train schedules as the "yard stick" for computing time under Rule 20.

Carrier denies any such intent and the Employes did not file a rebuttal. Under these circumstances the Board must find that the Employes have failed to support their contention. Therefore, the claims, as such, are denied.

The record shows, however, that Carrier acknowledges an obligation to pay for the deadheading under a formula that was formerly agreed to and has been generally applied for several years. This formula provides for

computation of the time on the basis of considering 25 miles per hour to equal the necessary time consumed. On that basis Mohr, who drove 200 miles, would be entitled to payment for 8 hours, and Wenthe, who drove 150 miles, would be entitled to payment for 6 hours. Wenthe was paid for 6 hours and is entitled to nothing more. Mohr was not paid anything, but now should be paid for 8 hours in accordance with Carrier's showing.

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 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 claims should be disposed of in accordance with the Opinion.

AWARD