Denver, Colorado Springs and Pueblo are located on the Pueblo Division, and in line with the agreement reached in mediation on April 25, 1941, claims for these three points were disposed of in accordance with letter agreement between the parties dated April 25, 1941, copy attached as Carrier's Exhibit "B."

Salida and Grand Junction are located on the Grand Junction Division, and in line with the agreement reached in mediation on April 25, 1941, claims for these two points were disposed of in accordance with letter agreement between the parties dated April 25, 1941, copy attached, as Carrier's Exhibit "C."

Alamosa and Montrose are located on the Alamosa Division, and in line with the agreement reached in mediation on April 25, 1941, claims for these two points were disposed of in accordance with letter agreement between the parties dated April 25, 1941, copy attached, as Carriers Exhibit D.

The Board will note that for all of the freight stations on the system as enumerated above, the Carrier agreed to pay stowers, callers, and truckers on the basis of a minimum of four hours if worked continuously four hours or less, and a minimum of eight hours if more than four hours of continuous service, exclusive of the meal period, at pro rata rates from the date the claims were originally submitted, except this settlement did not include employes who had left the service, employes who attended day school, employes who had part or full time work elsewhere and who were not available, and employes who did not work three or more days per week.

Since April 25, 1941, these classes at all points including Salt Lake City and Ogden, Utah, are being paid on the 4-8 hour basis under the provisions of the Mediation Agreement of April 25, 1941.

As a part of the negotiations in this involved situation, the Carrier made the same offer in regard to the pending claims at Salt Lake (covered by that part of Item 3 for further negotiation) as was made and accepted by the Organization on all divisions of the Carrier, other than the Salt Lake Division.

Mediation Settlement of April 25, 1941, providing that these employes would be paid on the basis of four hours if worked continuously four hours or less, and a minimum of eight hours if worked more than a minimum of four hours, exclusive of meal period, at pro rata rates; and the settlement of pending claims on all divisions, other than the Salt Lake Division, on the same basis as outlined in the Mediation Agreement, set a definite yard stick as to a fair and equitable settlement of the pending Salt Lake claim.

That the Carrier's offer in negotiation of settlement of the pending Salt Lake claims on the same basis as pending claims of all other divisions were settled, was a reasonable offer and should be so found by this Board.

OPINION OF BOARD: This Docket purports to be a re-submission in part of the dispute covered by Award 1211. In that Award it was held with regard to Item 3 that this item should be subject to further conferences and negotiations between the parties, and in the event an adjustment is not reached "the matter can be resubmitted to this Board with a complete and detailed record of the services performed by these employes." A casual reading of the above record will disclose that no record of the services performed by the employes has been submitted, and obviously it is impossible to render an award based upon services performed.

While the Opinion in Award 1211 states that the Board has "attempted in this opinion to lay down rules to guide the parties" a careful study of the Opinion has failed to disclose the rules intended to govern Item 3, subsequent to April 1937. It is apparent also, from the contentions set forth

in the record that the parties to this dispute were unable to discover any such rules. Employes contend that in negotiation with the carrier following Award 1211 it was agreed that "employes who were worked three or more days a week would be considered as working with a degree of regularity." No such three day rule can be found in Award 1211. Neither can any rules laid down in Award 1211 be found to support the basis upon which the carrier has offered settlement.

This dispute is of long standing and the record discloses an honest difference of opinion between the management and the employes as to the application of a standard to govern This difference of opinion finally resulted in mediation and the rule effective April 25, 1941. Similar claims to those here involved were settled by the parties following the effective date of the new rule, and all subsequent to Award 1211.

No facts having been submitted to the Board in addition to the facts submitted in Award 1211, it is obvious that the Board is in no better position to render an award than it was before. It is not the function of this Board to act as a board of mediation, and we make no such attempt, but it is our opinion that this claim should be settled on the property as many other similar claims have been settled. There being no facts upon which to base an award we again refer the controversy to the parties.

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

AWARD

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division