Article 1 (a) reads:

'HOURLY RATES OF PAY. All employes herein specified shall be paid on the hourly basis, except positions designated by an asterisk (*) will be paid monthly rate as full compensation for all services rendered.'

The other rules relied upon by the Claimants deal with overtime starting time, etc.

The effect of the claimants' contention is that because they are required to perform telegraphers' work they are removed from the exceptions contained in Article 1 (a). To this we do not agree. Article 1 (a) provides that positions designated by an asterisk (*) will be paid monthly rate 'as full compensation for all services rendered.' It does .not say the occupants of these positions will perform only certain work, or work only certain hours.

The mere fact that in the list of stations that all asterisked positions were listed as agents in no wise affects this plain language of Article 1 (a). These claimants are still paid a monthly salary and are not entitled to overtime pay."

Similarly, in the instant case, inasmuch as Claimant Smart's monthly rate comprehends any and all service performed during the month, no claim can be made for differentials, supplements, or any additional payments for such service which he may perform.

The language contained in Rule 14 to the effect that monthly rated employes assigned under the provisions of Rule 14 may perform any work pertaining to their class or craft is definite. It does not read as the employes would like to have it read in the prosecution of this claim. To Uphold the employes' contention in this case, it would be necessary to rewrite that part of Rule 14 to read: . except when testing engines, he shall be paid an additional 6¢ per hour." Obviously, the present rule does not read thus. Because it does not, there is no basis existing in the applicable agreement which would make it necessary for the carrier to pay Mr. Smart the 6¢ differential.

For the above reasons, the claim has been declined on the property and we respecfully request your Board to uphold the carrier's position, based upon the existing agreement.

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

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The parties to this dispute were given due notice of hearing thereon.

Rule 105, provides as follows:

"(a) At points where there are ordinarily 15 or more engines tested and inspected each month, and electricians are required to swear to Federal reports covering such inspections of electricians' work, an electrician will be assigned to handle this work in connection with other electricians' work and will be allowed six (6) cents per hour above the electricians' minimum rate at the point employed.

At points or on shifts where no inspector is assigned and electricians are required to inspect engines and swear to Federal reports covering such inspection of electricians' work, they will be paid six (6) cents per hour above the electricians' minimum rate at the point employed for the days on which such inspections are made.

(b) Battery room helpers regularly performing battery work will be paid six (6) cents per hour above the rate paid electrician helpers."

"The monthly rates payable to such employes effective September 1, 1949 shall be the rates in effect August 31, 1949 reduced by $2.43 per month.

Employes regularly assigned to perform road work and paid on a monthly basis, shall be paid not less than the hourly rate established for the corresponding class of employes coming under the provisions of this schedule on the basis of 313 eight-hour days per calendar year. The monthly salary is arrived at by dividing the total earnings of 2504 hours by 12. No overtime is to allowed for time worked in excess of eight (8) hours per day, except on employe's regular assigned rest day; on the other hand, no time is to be deducted unless the employe lays off on his own accord. Each monthly rated employe will be assigned one (1) regular rest day in seven, Sunday if possible. * * *."

There is little or no dispute as to the facts in this case. The claimant did the work for which he requests additional compensation. The carrier asserts that under Rule 14 the claimant is not entitled to the six cents (6¢) differential for the work performed. The organization argues that under Rule 105 he is entitled to the six cents (6¢) differential. It will be observed that Rule 14 provides for a minimum by stating that employes "shall be paid not less than" the rate established. It does not prohibit paying a greater amount where the same may be provided for. Rule 105 provides for paying a six cents (6¢) per hour differential under certain circumstances and conditions spelled out in the rule. The claimant performed the work under these circumstances and conditions.

AWARD