OPINION OF BOARD: On the basis of the established practice of the Board, under its rules of procedure of October 10, 1934 which provide for notice of hearing only to the parties to the dispute, and in conformity, furthermore, with the determinations of the Board in wards 371, 844, and 902 of this Division, the objection that the Board cannot render a proper and lawful award in a seniority dispute over which the Board has jurisdiction, between a labor organization and a carrier subject to the Railway Labor Act, without notice of hearing to individual employes who might be affected by the outcome of the proceeding, is hereby overruled and dismissed.

On the merits of the dispute, the evidence is uncontradicted that under the rules of the operative Agreements of December 1, 1926 and April 1; 1939 the seniority date of Miss Thelma Morgan is August 1, 1934, as contended for in the claim of the Clerks' Organization. The carrier relies entirely upon the letter of July 7, 1939, signed jointly by the General Man ager of the carrier and the General Chairman of the organization, which shows Miss Morgan's seniority date to be July 1, 1928. While on its face this letter supports the position of the carrier, the letter of the General Chairman dated July 8, 1939, together with the reply of the General Manager dated July 10 1939, negative such a conclusion, and render the apparent agreement of July 7, 1939 a mere interim arrangement for a tentative seniority roster, with the issue to be subject to final disposition in this proceeding. Both of these letters (July 8th and July 10th) refer to the conference in the Treasurer's Office with respect to Miss Morgan's seniority which led to the joint letter of July 7th; the General Chairman's letter of July 8th expresses the intention of the organization to submit Miss Morgan's case to this Board; and the General Manager's letter of July 10th declares the carrier's willingness to join the organization in submitting the question of her seniority to this Board. Neither letter mentions the fact, alleged by the carrier, that her seniority date had been agreed upon by the parties on July 7th, nor is there the slightest intimation by either party that the proposal to submit the issue to this Board constituted in any way a departure from an agreement that had just been made. It is scarcely conceivable that the parties would have written as they did in their letters of July 8th and July 10th, if the joint letter of July 7th had been regarded by either or both of them as definitely establishing Miss Morgan's seniority date. In these circumstances the dispute must be governed by the Agreements of December 1, 1926 and April 1, 1939; and as already indicated, under the rules of these Agreements Miss Morgan's correct seniority date is August 1, 1934, in conformity with the claim as submitted.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the carrier and the employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the seniority date of Miss Thelma Morgan is governed by the rules of the Agreements of December 1, 1926 and April 1, 1939, and that the correct date under these Agreements is August 1, 1934.

AWARD