1. When it required or permitted, and continued to require or permit a contract drayman and his helpers, or other outsiders, none of whom are railroad employes, nor do they hold seniority rights under the provisions of the clerks' agreement on the Missouri Pacific Railroad Company, to come into the freighthouse at Little Rock, Ark. and perform clerical work, such as checking, receiving and delivering of freight and work of handling freight (trucker's work) all of which clerical work and handling of freight (trucker's work) is covered by the scope and operation of the clerks agreement and was performed by employes classified, listed and rated pursuant to agreement provisions for many years.
2,. That the two senior qualified clerks listed on the Arkansas Division Station and Yards Seniority Roster be compensated for wage loss sustained based upon the rate of $5.54 per day, less amounts earned in other employment, if any, for each day, except Sundays and holidays, effective as of November 1st, 1940.
as listed upon the Arkansas Division Station and Yards Class Three Seniority Roster, be compensated for wage loss sustained, less amounts earned in other employment, if any, or in `extra or relief' work for the Missouri Pacific Railroad Company, for each day effective November 1st, 1940."
and/or understanding thereon contained in the agreement of August 1, 1926, hence the Employes' case that they have submitted to the Board in ex parte form is not properly before the Board. The Board's function is limited to handling of disputes between the Employes and a Carrier growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules or working conditions, whereas, this 'dispute' grows out of a request of the Employes for a rule that woud deny to the railroad's patrons a long established practice of permitting them to receive and deliver their freight at the Railroad Company's freight station except at the tail gate of the vehicle of the patron or that of a contractor with whom the Carrier has consummated an agreement for the pick-up and delivery of freight, trucking operations between the railroad's freight house and the consignees' or consignors' places of business."
OPINION OF BOARD: In no essential respect are the facts in this case different from those in Docket CL-1606, Award 1647. This dispute simply involves another station and different employes. What was said in the Opinion in that case may be said with equal force here.
The Carrier is ordered to make reparation to the employes affected by its violation of the agreement from November 1, 1940.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice and hearing theron, 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