(1) The Carrier violated the Agreement when it failed and refused to allow Special Equipment Operators R. L. Cnorge and D. G. Ellison travel time pay and a mileage allowance for the use of their personal automobiles when their work location was moved to Jasper, Alabama on July 22, 1969 (System File A-9201/D-5024).
In accordance with Article V, Rule 6 (g) (3) of agreement effective September 1, 1937, as revised July 6, 1949, effective September 1, 1949, and Rule 121/2 (g) (3) of agreement covering Special Machine Engineers, Operators, Firemen and Helpers effective May 16, 1946, as revised July 6, 1949, effective September 1, 1949, and in order to meet a situation peculiar to employes of the system rail-laying gang, it is agreed:
Claimant D. G. Ellison performed service with Extra Gang 9310 July 1 to 12 inclusive and was off on paid vacation .July 13 to 22 inclusive.
OPINION OF BOARD: Carrier i-fuses to pay the clainaA travel time pay and mileage allowance for use of personal automobiles to Claimants on the basis that Claimants were on vacation at the time their work locations were changed and moved from one point to another.
It is undisputed that both Claimants herein were on vacation; Claimant R. L. George from July 8 through July 22, 1969 inclusive; Claimant D. G. Ellison from July 73 through July 22, inclusive. Both Claimants worked for System Steel Gang No. 930. When Claimant Georga went on his vacation, the said Gang was working at Mound,, Oklahoma, Wheat Claimant Ellison went on his vacation, said Gang w:is working at NCadill, Oklahoma.
Afler the conclusion of work on .July 22, 1963, the Gang went on their accumulated rest days, which extended over the, remainder of the month of July. Carrier moved the Gang from Madill, Oklahoma to Jasper, Alabama, where it commonmd work, at the end of sni·d accumulated rest period, on August 1, 1969.
On July 22, 1969, after corciusion of the work day, Carrier transported the work crow by bus to their homes; and on July 31. 1969, Carrier provided transportation to the work crew of July 22, 1969 from their homes to Jasper, Alabama, the new work site.
Under Section I-C-1 of the May 7, 1969 Memorandum of Agreement and Paragraph 7 of the Supplemental Agreement of July 11, 1969, time spent in traveling from one ,.cork point to another outside of regularly assigned hours or on a rest day or holiday shall be paid for at the straight time rate, and also, an employe, not furnished transportation, shall be reimbured the cost thereof. If the work point is changed during his absence from the work point on a rest day or holiday, automobile mileage shall be computed at one-half the mileage between work points.
Construing these provisions, it would appear that the proper construction is to allow Claimants herein travel time and one-half mileage on the same basis, when the change of work points occurred during their vacation period, as when it occurred when they were absent from the work point on a rest day or holiday.
This construction is further strengthened by the all inclusive language of Rule I-C-1 involving time spent in traveling from one work point to another "outside of regularly assigned hours." It is clearly seen that Claimants were not on work assignments on July 22, 1969 or at any time between July 22, 1969 to July 31, 1969. The move of the Gang to Jasper, Alabama therefore did not occur, in regard to Claimants, during their regularly assigned hours. Thus we will sustain the claim as to travel time pay and Claimants are entitle,d to automobile mileage computed at one-half the mileage between Madill, Oklahoma and Jasper, Alabaina. However, in view of Award Nos. 6666, 11172, 13478 and 18464, we will dsry the claim for interest.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: