"As to the time claimed for each Sunday and holiday worked November 1, 1940, until the assignments are changed: It is the contention of the Carrier that no date was set in the letter addressed to Mr. Dyer on October 13, referred to above, as to when the changes would become effective, and, therefore, employes are not entitled to extra compensation for work on Sundays and holidays until such time as an agreement can be reached between the representatives of the Carrier and the Organization as to the effective date of the change in the assignment, as, if and when made.

"While the General Chairman of the Organization had notified the Carrier that the Organization was making the claim for Sundays and holidays worked since November 1, 1940, no discussion was had concerning the same at the conference on May 19 and 20, 1941, referred to above, the only matter having been discussed being with respect to the positions which the Organization proposed to change from a 365 day annual assignment to a 306 day annual assignment.

"It is the contention of the Carrier that the duties performed by the position involved in this case are of such nature that it is necessary for the same to remain assigned so as to include Sundays and holidays and it is the further contention of the Carrier that your Honorable Board should dismiss this case for lack of jurisdiction inasmuch as the determination of positions assigned to Sunday and holiday work necessary to the continuous operation of the the Carrier is a subject for negotiation between the parties by agreement."

OPINION OF BOARD: In so far as the interpretation of the agreement is concerned this case involves exactly the same question as was considered in Docket No. CL-1679, Award No. 1614. We there held the letter of October 13, 1940 to be a part of the agreement effective November 1,. 1940 and that it required the carrier as of November 1, 1940 to reduce all 365 day assignments not necessary to the continuous operation of the carrier to 306 day assignments without a reduction in the total pay received by the employes affected.

The position here involved is the 365 day assigned position of Rate Clerk at Corpus Christi, Texas. In view of the construction which we placed in Docket CL-1679, Award 1614, on the phrase "not necessary to the continuous operation of the carrier," we must hold that the assignment covered by this case should have been reduced, effective November 1, 1940 to a 306 day annual assignment without any reduction of the earnings of the man employed in such position.

For the reasons expressed in Docket CL-1679, Award 1614 we hold, however, that such employe is not entitled to time and one-half for Sundays and holidays worked since November 1, 1940 but only to the pro rata rate.

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 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 agreement of October 13, 1940 is supplemental to the current agreement; that it has the same effective date, viz., November 1 1940, and applies to the position involved in this dispute, it having 365 day assignment and not being "necessary to the continuous operation of the carrier."

AWARD