DISI'BTE.='The Order of Railroad Telegraphers Committee request that Agents Forest and McDonald be restored to their positions as agents at Peabody and Beverly respectively and be paid the difference between what they would have earned at Peabody and Beverly- and what they actually have earned and further that all employees covered b) tlie'1'elegr:tphers' Agreement shall be compensated for any loss sustained, since their displacement due to the action of the .Management in displacing Agents Forest and McDonald at Peabody and Beverly.
"Agents Forest all(] McDonald were told by the Management when they were removed to use their displacing rights under Rule No. 13 of the Telegraphers' Agreement. Agent Forest displaced Agent Bccleston at Danverspurt, which paid 703%0. per hour Peabody paid 86%c0p per hour. Agent McDonald displaced J. J. Callahan, Ticket Agent and Operator at Hudson, Mass., which paid 13i¢ per hour, worked one day anal relinquished big rights to the position, went oil spare board and displaced Asst. Agent's position at Swampscott. Mass., which paid 690. per boar. Beverly paid 840. per hour:"
FINDINGS.-The Third Division of the Adjustment Board, upon the whole record and all tile evidence, finds that:
The carrier and the employees involved in this dispute are respectively carrier and employees within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurbsdletion over the dispute involved herein.
The parties have jointly certified the following Statement of Facts, and the Third Division so finds. to wit:
"Separate and distinct agencies have been maintained at both Peabody and Beverly and have been included in the Telegraphers' Agreement fur many years up to and including the present agreement.
On June 1st, 1936, Ages Forest and McDonald at Peabody and Beverly, respectively, were removed from these positions by the Management and the supervision of these Agencies was assigned to General Agent Klepb, of Salem, Mass., whose position is not incorporated in the Telegrapher's Agreement.
The General Agent at Salem spends part of his time at Peabody and Beverly each day, other employees at both points carrying oil the work in substantially the same manner as before the change.
Peabody and Beverly are approximately two (-1 miles from Salem in somewhat different directions.
Both Peabody and Beverly are under separate Freight and Passenger tariffs, balance sheets, and all other station reports are made for each Individual station, except the Demurrage report for Beverly, which is made at Salem, Mass."
An Agreement, hearing effective date March 18, 19'27, is shown to exist between the parries governing wages and working conditions of employees therein
designated, including position of .lgent and Operator at Beverly at rate of 84 cents per hour, and including position of .gent and Operator at Peabody at rate of 85x/4 cents per hour.
The Agreement cited does not permit of such transfer of assignment as described in the jointly certified Statement of Facts from a position and/or positions coming, witldn the s,npe thereof to One concealed to be williont the scope of same.
On or before October 19. 7935, EnDldo-ees Forest and McDonald shall be restored to position of Agent and Operator at Peabody and Beverly, respectively; and shall be reimbursed in an amount equal to That which they would respectively have earned had they not been displaced (ruin positions to which they were respectively assigned June 1, 1935, less the amount earned by them respectively in other emplo)inent and less any additional amounts they might have carried through tile exercise of seniority displacement rights.
The foregoing is without prejudice to the right of the carrier to continue or to. in fact, discontinue any Agency.
Under the circumstances involved in this case claims for compensation for other employees are denied.
By Order of Third Division: