DISPUTE.-" That the provisions of the agreement between the 'telegraphers and The Nashville, Chattanooga and St. Louis Railway, effective February 1st, 1925, in their entirety apply to the position of the Agent at Dalton, Ga."
FINDINGS.-The 'third Division of the Adjustment Board upon tile whole record and all the evidence, finds that:
The carrier and the employee involved in this dispute are respectively carrier and employee within the meaning of the Bit ilway Labor Act as approved June 21, 1984.
This Division of the Adjustment Board hits jurisdiction over the dislnite involved herein.
Ali Agreement exists between the parties, i. e., revised rules offeelive February 1, 1925, revised rates effective January 1, 1926.
The parties to said dispute tvere given due notice of hearing thereon.The parties have jointly certified the following facts and the Third Division so finds them to be:
St. L. Railway and its Station, Tower, and Telegraph Service employee,, a copy of which is attached and made a part or this Statement of Facts, Huntsville, Ala., was excluded front the agreement in consideration of including Dalton, Ga.. in the agreement, and tit tile same conference the following letter was dictated lit the preselice of Vice president Atnderson, the General Chairman amt Cmnndttee of the O. R. T. MAY 9th, 19=4.
DICAa Sea: By agreement entered into tvilh the representatives of the Telegraphers, the depot ticket agents tit Atlanta will not be included to the Telegraphers' agreement under the provisions of Interpretation No. 1 to Decishnt No. 757. It is also agreed that Dalton, Ga., winch has heretofore been considered
These are the only changes affeeting your division except that in tile settlement of the grievatues of which you were advised lit another letter. Yours truly,
"The following letter was written by Mr. Bruce to General Chairman Bray under date of November 28, 1925:
"' D"a Sta: Referring to your letter of November 20th with reference to assignment of hours and payment of overtime of Mr. H. B. Herrin, Agent, at Dalton, Georgia, advising that Superintendent Hibbett took the posttion that the Dalton agency does not come within the provisions of the
" _As stated to you in that tweeting it was agreed between yourself and conunittee and tile :it :t meetiui, in this office oil or about May 9, 1929, that the Daltou agency should be included ill the scheduled positions, laid it was also agreed dull. ads lour; as the presa·lit inclnndent remained in tile position, there wotlbl bee no change either in rates of pay or working conditions. Tile reason for re;icl,iiig this understanding was that the existing monthly rate was fixed to cover all ·ervices rendered regardless of tile tinle devoted to tilt, dillies of ill(' ageae>.
.`December 27, 1927, Operator t'. 11 Dalton was displaced at Tilton, Go.. account. of his position abolished and was instructed t0 post alt Dalton as Ilerr Chief Dispatcher Bailey's letter of Dec. 28. 1927, as follows:
D&iR SIR: Ymi have been displaced ;is agent at Dalk,n by Mr. C. 11. Dalton, who will begin posting with you imnndbitely and will take over the position as soon it, lie becomes familiar with the work.
"The yhinagement declined to permit Operator Dallon to displace Agent Herrin. Colntnfttee contended that Operator Dalton should displace Agent at Dalton and it(, other."
This Division finds that in addition to the finegoing facts that as a result of negotiations all Agreement was reached by and between tile parties effective January 1, 1920, to include and show fn the Agreement the position of Agent at Dalton, Georgia, at an agreed rate of WOO per hour, nit lieu of the rate of $202.00 per month established by the Carrier, and as a result of subsequent negotiations an Agreement was reached by and between the parties to increase the agre<A rate front 80¢ per hour to 88¢ per hour, effective December 1, 1927.
It is found that the agreement reached between the parties January 1, 1920, made no specific reservation of any character whatsoever to retain any other agreed conditions applicable to the position, and therefore cancelled and supersasled any and till prior agreements applicable thereto, and made the position amenable to the rules in the agreement effective February 1, 1920.
Effective on amt after October 1, 1936, the position of Agent at Dalton, Georgia, shall be made subject to tile Boles in the Agreement between the parties. In consideration of all the circitnstance surrounding this particular case, clainis for compensation the denied. By Order of Third Division: