NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
DISPUTE.-" Chiiin that Mediation Settlement of Sept. 27, 1927, Item 1. thereof applies tot certain positions in the Freight Claim Agent's Department of the General Offices, designated as `Investigators' and claim for retroactive adjustment in rates of pay for these positions accordingly from April 10, 1934."
FINDINGS.-9'he Third Division of the Adjjuutlnent Board, upon the whole record acrd all the evidence. finds that:
The carrier and the employees involved in this dispute are respectively carrier and employees within the meaning of the Raiiway Labor Act no approved June 21, 1934.
The parties to said dispute were given title notice of bearing thereon.The parties slave jointly certified the following statement of facts, and the Third Division so finds:
"Sept. 27, 1927, the follolving Mediation slettleaneat Isis ninde ill conmetion with the wage increase request of the clerical and station elnployes of the Denver find Rio Grande Western Railroad Company:
"'Agreement is settlement of (cage increase request of the Clerical and Station Employes of The Deliver and Rio Grande Western Railroad Cone pans, represented by the Brotherhood of Railway and Stemusbip Clerks, Freight Handlers, Express and Station Employes, coming within the scope of the Agreement effective February 1, 1926 (United States Bosrd of Mediation File C-61).
""This request was presented to the Carrier by the Employees, through their duly accredited representatives, and several conferences were held without reaching an agreement. The services of the Board of Mediation were requested by the Organization. under the provisions of the Railway Labor Act. Mediation looceedings commenced March 14, 1927, an;l on April 7, 1927, by agreement, negotiations were temporarily suspended. Mediation proceedings were renewed September 14th, resulting in the following agrecnient:
"'In addition to the foregoing, there shall be allotted the amount of $6,500.00 per annum for the adjustment, by mutual agreement between the representatives of the Carrier amt the Employes, of inequalities in rates of pay for positions coming under Items (1), (2), and (3) of this Agreemerit, and for power truck mobornieu (Divii. 31 form 561), and Baggage
Boom and parcel Room Eulplobes IDivll. 100 and 101 form u01), Drovidetl that ally amount not so distributed, under such adjustment, shall be subject to further distribution, by mutual agreement, or failing ,o to do within sixty (660) days follolving October 1, 1927, shall be apl)lie(l, if equivalent to 'lot leas than one (1¢) cent par day, pro rata to all positions collling under Item (2) of this Agreement.
"`The increases herein agreed to and tile adjustment of inequalities provided fur strait become effective October 1, 1927, and conthlut· in effect for a period of one yecu-, and thereafter subject to thirty (30) dada notice in writing, by either party to the other.
"April 10, 1933, the Organization made claim that this vvagesettlometlt should have been applied to the following persons: Guy \. Day, W. J. Gentry, E. B. Mitchell, D. 1. 2kIcCarl, 17. F. Smith, A. J. Wilt, F. 1', Jlalcsky, which elahn was deniod by the 'lfanagenent.
"Claim is nolde bw $0.10 1rer day increase in the dully late of sahl positions from AUril 70, 193-i."
The Third Division is of tile opinion that the quedious involvocl in this dispute are such as are referable to the National Mediation Board in that they involve the ateallhlg or the application of all agreement reached tbrougll maliatiou September 27, 1927, under the provisions of tile Railway Lxtbor Aet.
Case (II.-missed without prejudice to the rights of either party. By Order of Third Division: 'NATIONAr, R.\ILRlrAn ADJUSTMENT BOARD. Attest