"Claim of employes for restoration of 5c%o in wages effective April 1, 1!135, in accordance with the provisions of agreement reached betwccll representatives of the etnplodes and the carrier, dated .July 30, 1934,"
BINDINGS.-The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier and the employes involved in this dispute are respectively carrier and eluployes within the meaning of the Railway Labor Act, as approved Jane 21. 1934.
This Division of the Adjustment Board has jurisdiction over tile dispute involved herein.
The parties to said dispute were given due notice of hearing thereon.On July 30, 1934, till agreement was reached between the representatives of the employees and the carrier, making certain revisions of the existing agreemont and providing for a restoration of .i% in wages effective April 1, 19:35, :is shown by the following agreolllent:
"',fhe undersigned lnen, as duly appointed representatives of the Brotherhood of Maintenance of Way Employees of the Alabama, Tennessee & Northern Railroad Corporation, agree with the Alabama, Tennessee & northern Railroad Corporation that, in consideration of tile continued general depressed conditions and especially conditions oil the Alabama, Tennessee & Northern Railroad. making it necessary to curtail expenses, the rates of pay is effect prior to February 1st, 1931., less five percent (5%) will be accepted as compensation beginning August 1st, 1934, and extending through llilareh 31, 1!135, afi'octing the following employoes:
"On April 1st, 1935, the r:ltes ill effect pt'ior to 1%obnnuy 1st, 1931, will be restored.
"No uotice of intended change of the above mentioned rates shall be given by either party to the other prior to May 1, 1935.
"It is further agreed that tile contract and ullendmnlts as now in effect are in uo other way alnelldecl or changed, except as provided for above.
Oil December 14. 1934, tile I'llited States Pistil(' Court for the Southern District of Alaballla took charge of file property of the Alabama, Tennessee and Northern Railroad Corporation and appointed a Trustee.
The employees claim the carrier tots failed to comply with the agreelllent above mentioned.
The Trustee admits the agreement has not been complied with, claiming the property is now under the direction and control of the Court, and as the railroad is not now earning operating expenses and the Trustee is without funds to pay wages in excess of the scale in effect when the Court took charge of its operation, there is no way for the Trustee to pay the wages specified in the above agreement until revenues increase sufficiently to secure the approval of the Court.
This Division is not empowered to change rates of pay in existing agreements, but in this case finds that the agreement of July 30, 1934, reading: