DISPUTE.-" Claim of employees that the third trick telegrapher position at Williamsfield, Illinois, has not been abolished and that the employee working the 10:00 p. m. to 6: 00 a. m. trick is entitled to the difference in luty between 58¢ and 61¢ per !lour since March 0, 19:13."
FINDINGS.--The Third Division of the Adjustment Board, open the whole record and all the evidence, rinds that:
The carrier and the employes involved hl this dispute aiw respectively carrier and employee within the meaning of the Railway Labor Act as approved Julie 21, 1334.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
The parties to said dispute were given due notice, of hearing thereon. A hearing was hall. The Third Division failed to agree upon an Award because of :t deadlock. Paul Samuel! was selected as its Referee to sit with the Division as a member thereof and make an Award.
The parties jointly certified the following ° Statement of Facts."Tabulation below indicates consist of force, rate of pay, and assignment telegraph employees, williams5eld, Illinois, just prior to anal on and offer March 6, 1933:
Agent-telegrapher, 730 per hour-------_--__-__-- . 8:10 a. m. to 4: 10 p. m.
Telephoner-clerk, 580 per hour_____--.__--_-_------- 10:00 p. m. to 6:00 a. m.
'7 This case was heard by the Telegraphers' Adjustment Board, Santa Fe System, and decision rendered July 24, 1933, reading:
" ` Board is unable to reach decision in this case, and interested parties notified. Case closed on Board's docket "'
The agreement between the parties effective April 1, 1925, provides rates of pay for three positions :it Williarnsfleld, Illinois (irrespective of hunts of assignment), as follows:
Through subsequent negotiations, these rates were increased and are in effect today as follows:
"(a) Regular assignments shall have a fixed starting time and the regular starting time shall not be changed without at least thirty-six (36) !tours notice to the employees affected."
"(c) In two-shift offces work shall not begin between twelve (12) o'clock midnight and five (5) A. M. In offces where three or more shifts are worked, no shift shall begin between twelve (12) o'clock midnight and six (6) A. M."
In the instant dispute the carrier assert:; there was no need of telegraph service other than on the trick covered by the Agent-Telegrapher and his hours were changed to cover the period S: 10 A. M. to 4: 10 P. M. The position of Telegrapher-Clerk was abolished and tile hours of service of the TelephonerClerk, which previously bad been from 3: 00 P. M. to 11: 00 P. M., were changed to 10:00 P. 11. to 6: 00 A. Dl.
The etnployeo desigunted as Tclepboner-Clerk to the 10:00 P. M_ to 6:00 .1. Dl. trick di,placed the Telegrapher-Clerk. who :cas older in service.
11 is contended by the employee that the third trick was abolished and thatWith the htttor contention we cannot agree for the reason that the wage scale in the agr-rtnent applicable in this dispute detinitely sets forth a distinction in the rate oI pay between :i Telegrapher-Clerk and ar Telephones-Clerk. Another point in ianne· in this di.,pute is whether the Teleplioner-Clerk is performing Telegrapher-CIcrt: servicos. The record in this case is silent on this particular issue and this Division is without the right to assume that the contention of the petitioner- is correct.
Inasmuch as it appears, from the record that the change in assignments on March fi, 1033, were made in full compliance with paragraph (c) of Article 7 above quoted, and that the positions of Telephoner-Cleric and Telegrapher-Clerk are of different classes and positions i's indicated in the wage scale existing between the parties in this dispute and that the rate of 58¢ per hour conforms :with tile wage scale existing between the parties, and which rate this Division i, without authority to change, therefore, this Division concludes that the claim of the petitioner should be denied.