DISPUTE.-That the rate of pay for three telegraphers in "RN" Oak St., Louisville Yard, because of added duties, be established at 82 cents an hour for first trick, anti 77 cents an hour for each of second and third tricks, and that the rate be made retroactive to May 1, 1932.
FINDINGS.-The Third Division of the Adjustment Board, upon the whole record and all the evidence finds that:
The Carrier and the Employees involved in this dispute are respectively Carriers and Employees within the meaning of the Railway Labor Act as approved June 21, 7934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
The parties to the dispute were given due notice of hearing thereon.Under (lute of February 20, 1935, this Third Division of the National Railroad Adjustment Board rendered an award which is hereby recalled by the Thir(t Division, and the same is of no further effect.
This cause was again considered and a conference held between the parties on March 4, 1935. but failed of settlement, and the case later became deadlocked. Whereupon Paul Samucll was called in as Refercc to sit with this Division.
Tlas matter thereupon came on for conference and hearing.
October 5, 1931, "Kings" block office abolished and the duties of blocking I. C. trains between 14th and Kentucky Streets and Union Station were assigned to the telegraphers in Oak St., "RN" office.
In January 1932, position of Assistant Agent Oak St., was abolished anal all of his duties, except handling of crews, for which lie received extra colrcpensation, were ,msigiiod to the telegraphers in Oak St.. "RN" office.
bl ay 1, 1932, "JA" telegraph office was abolished and it is claimed by the eaiplo>ecs that much of the work attached to that office was assigned to the Oak St., "RN "office, and, therefore, the rate of pay for the three telegraphers in the "RN" Oak St., Louisville Yard should be established at 82 cents an hour for the first trick, and 77 cents an hour for tire second and third tricks, and that the rate be made retroactive to May 1, 1932.
There i·, however, only one agreement in evidence before this Board relative to rates of pay. This a_recrnerit bears date Aunr<t 70. 1932, and provides on page 38 that tire three positions of operator at Louisville "RN" office shall be 70 cents an hour.
The Referee is of the opinion, which opinion is concurred in be n majority of the members of this Division, prat it would be improper for this Adjustment Board to consider rates of pay which aright have been established under any agreement between the carrier arid the employees prior to August 16, 1932. In
other words, the agreement dated August 1B, 1932, between the carrier and employees has been and is now the governing rate at the "RN" Oak St., Louisville Yard, and there appears to be no ambiguity which would give this Division