and forwarded shipments of milk, cream and related commodities, in accordance with provisions of Sections 2 and 3 of Article VIII, for the following reasons:

CONCLUSION

"Inasmuch as we have clearly and conclusively shown that no rule of the Agreement of January 1, 1939, between the Carrier and The Order of Railroad Telegraphers, has not in any manner been violated, but to the contrary, has been strictly adhered to by the Carrier in allowing appropriate commissions, both prior and subsequent to the date of the agreement, the Carrier requess that the claim of the Petitioner be denied."

OPINION OF BOARD: Prior to June, 1930, shipments of milk, cream and related commodities were handled as express traffic and agents of the carrier, who were also joint agents of the Railway Express Agency, Inc. were allowed express commissions by the Railway Express Agency. Effective June, 1930, the Railway Express Agency was relieved of the handling of this milk, cream and related commodities traffic, and the carrier took over the exclusive handling of such commodities for its own account, but declined to continue the payment of commissions to the agents for the handling of this business. Claim was thereupon filed with the carrier by The Order of Railroad Telegraphers on behalf of employes within the scope of the Telegraphers' Agreement concerning the payment of such commissions and this dispute was finally submitted to the Third Division of the Adjustment Board, later resulting in Award 313, in which the Board remanded the case to the parties for further handling on the property with a view of reaching an agreement and failing in this, with the right to return the case to the Adjustment Board. Following the issuance of Award 313, the parties reached an agreement covering the payment of commissions for the handling of milk, cream and related commodities by this carrier, which agreement is here identified as an agreement dated January 1, 1939, and signed for the Company by R. E. Beach, Assistant to General Manager, Southern Pacific Company (P. L.) and for the employes by H. J. Short, Acting General Chairman, The Order of Railroad Telegraphers.

The instant dispute grew out of the application of this agreement in the matter of retroactive compensation due the joint Railway and Express agent at Glendale, California, carrier contending that under the agreement agent at Glendale was entitled only to retroactive payment of commissions on shipments of milk, cream and related commodities forwarded from that station, while committee contends that he is entitled to retroactive payment of commissions on all such shipments forwarded and received at that station.

It is the position of the Committee that in the absence of any declaration within the agreement setting up a differentiation as to received and forwarded business, the agreement applies equally forceful even though only one way shipments were handled; that the position of the carrier is incorrect; that there can be found no essential differences in the wording of Sections 1, 2, and 3 of Article VIII to warrant or justify the failure of the Carrier to pay the Agent at Glendale commissions on all business handled whether forwarded or received.

It is shown that effective June, 1930, the Railway Express Agency was relieved of the handling of this mik, cream and related commodities traffic, and the Carrier took over the exclusive handling for its own account, and that accordingly, the agent at Glendale has since been handling both forwarded and received shipments of this milk, cream and related commodities traffic upon which, although he continues to be joint agent for this carrier and the Railway xpress Agency, he had not been receiving any commission for the handling of this milk, cream, and related commodities traffic until by the agreement between the parties dated January 1, 1939, it was agreed to pay such agents compensation for the handling of such milk, cream and related commodities traffic and while it is shown that on and after January 1, 1939, this carrier has been paying commissions to the agent at Glendale for the handling of such traffic on both forwarded and received shipments, it has declined, however, to pay retroactive compensation to this agent covering shipments received from June 16, 1934 to January 1, 1939, under the retroactive provisions of that agreement on the basis that prior to June, 1930, when such traffic was handled by the Railway Express Agency that received traffic for that agency was handled by an uptown office of the Railway Express Agency and not by the Railroad agent at Glendale.

It being shown that the agent at Glendale, California has been handling both forwarded and received shipments of this milk, cream and related commodities traffic since June, 1930, has been joint agent for the Railway Express Agency since May 31, 1934, and there being no declaration within the agreement of January 1, 1939 setting up a differentiation as to such received and forwarded business, it is clear that the Agreement applies to all such business handled whether forwarded or received, and, accordingly, the agent at Glendale is entitled to the payment of commissions on received business for the handling of milk, cream and related commodities shipments at his station, retroactive to June 16, 1934, the effective date of that agreement.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence finds and holds:

That the carrier and the employes involved in this dispute are respectively carrier and employes 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 Agent, Glendale, is entitled to be paid retroactive commissions on received business as claimed under the agreement between the parties dated January 1, 1939.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division