live. During the time that the negotiations were being conducted which resulted in the establishment of rules and working conditions as contained in the agreement of November 1, 1940, the Organization proposed and insisted that all employes coming under the scope of the Clerks' agreement who were then paid on a daily basis be changed to a monthly basis. The only discussion which took place during the negotiations in regard to change in basis of pay was with respect to those employes coming under the scope of the Clerks' agreement other than those on a monthly basis. The agreement, however, which became effective November 1, 1940, did not make any change in the rules as contained in the preceding agreement affecting the basis upon which the employes covered by the agreement were being paid; that is, on a monthly, daily or hourly basis. The representatives of the Employes also endeavored to secure a change in the agreement of Nov. 1, 1940, which would have the effect of placing the employes listed in Section (c) of Rule 7 under all of the rules of the agreement with the exception that the Carrier would be privileged to select employes to fill the positions in case of a vacancy without regard to seniority, with the understanding that the employes covered by the agreement would be given preference in the filling of the positions, stating that the displacement and assignment rules of the agreement would not be affected, inasmuch as seniority would not be taken into consideration in the filling of the positions. The representatives of the Carrier, however, insisted that there were certain positions to which the hours of service rule could not be applied by reason of the duties assigned and required of the employes filling said positions. It was then agreed that each position would be given consideration, and such positions would be followed with an asterisk, and that the employes assigned to said positions would be excepted from the overtime and called rules of the agreement. That was done, with a full understanding that the employes assigned to the positions when required to work in excess of eight hours per day would not be paid overtime, and in case they were called to perform service on Sundays and holidays the employes would not receive additional payment to that regularly established for the positions.

There was no discussion or contention on the part of the committee representing the Organization that the monthly rated employes listed under Section (c) of Rule 7, and which were also listed in the agreement of April 1, 1939, as being excepted from the promotion, assignment, displacement and hours of service rule, and whose salary was fixed on a monthly basis, would be changed to a daily basis; and as heretofore stated, the first information that the Carrier had that there was any contention on the part of the Organization that the employes whose salary was established on a monthly basis, should be changed to that of a daffy basis, was on receipt of letter to General Manager, heretofore referred to. The question by a disinterested party would naturally arise as to why certain positions would be set apart in a rule from other positions in the agreement, separating them as to class from other positions included in the scope of the agreement. There was certainly a reason for such action on the part of the interested parties, and the Carrier has endeavored to indicate to your Honorable Board the reasons therefor.

It is the contention of the Carrier that upon the evidence herein submitted under the agreement with the Organization with respect to rates of pay that the claim of the Organization that the monthly rated employes listed in Section (c) of Rule 7 should be changed to a daily basis, should be denied.

OPINION OF BOARD: Rule 48 (a) provides that employes covered by Groups (1) and (2), Rule 1 theretofore paid on a monthly basis shall be paid on a daily basis.

Rule 7 (a) excepts the positions in Paragraph (c) of the rule from the Seniority Rule.

Rule 7 (e) excepts the listed positions that are followed by an asterisk (*) from the overtime and call rules.

All positions listed and followed by an asterisk (*) are covered by groups (1) and (2) of Rule 1, and they were formerly paid on a monthly basis.

Thus the express language of the agreement includes the positions listed and followed by an asterisk (*) among those thereafter to be paid on a daily basis. These positions are expressly excepted from the seniority call and overtime rules but they are not expressly excepted from the daily pay rule.

It is a recognized rule in the construction of contracts that where one or more exceptions to a provision are expressed no other or further exceptions will be implied.

Rule 71 (a) provides that the agreement shall supersede "all other rules, agreements and understandings."

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 carriers and the employes involved in this dispute are respectively carriers 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 the carrier violated the current agreement as contended by the petitioner.

AWARD