PARTIES TO DISPUTE:

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

ST. LOUIS SOUTHWESTERN RAILWAY COMPANY OF TEXAS

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:


1. That all assistant yard foremen and assistant section foremen shall, in conformity with and under the application of Rule 8-15(c) of agreement in effect, be paid 12c per hour over and above the rate of pay established and in ffect applicable to section laborers whom they supervise;


2. That all assistant yard foremen and assistant section foremen who in the application of the wage agreement consummated in Washington, D. C. January 17, 1944, were given an increase which established a rate of only lle per hour over and above the rate applicable to section laborers whom they supervised, shall be paid an additional le per hour, retroactive to February 1, 1943.


EMPLOYES' STATEMENT OF FACTS: Rule 8-15 (c) of Agreement between the Carrier and the Brotherhood of Maintenance of Way Employes, effective December 1, 1937, reads:


"8-15. RATES.-

 (c) Hourly Rated Employes: ***
 Rates of Pay
 Payroll Classification Location (In Effect 1/31/43)
Section and Yard Employes:
 Yard Section Laborers E. St. Louis Sec. 1 $0.54
 Yard Section Laborers Illmo Sec. 2 .49
 Yard Section Laborers Malden Sec. 12 .4775
 Yard Section Laborers Paragould Sec. 19 .4775
 Yard Section Laborers Jonesboro Sec. 22 .49
 Yard Section Laborers Brinkley Sec. 30 .4775
 Yard Section Laborers Stuttgart Sec. 35 .4775
 Yard Section Laborers Pine Bluff Sec. 39 .49
 Yard Section Laborers N. Little Rock See. 90 .4775
 Yard Section Laborers Camden Sec. 49 .4775
 Yard Section Laborers Lewisville Sec. 56 .4775
 Yard Section Laborers Shreveport Sec. 68 .4775
 Yard Section Laborers Texarkana Sec. 100 .475
 Yard Section Laborers Mt. Pleasant Sec. 108 .475
 Yard Section Laborers Commerce Sec. 207 .475
2938-10 254

No doubt, had the agreement, dated January 17, 1944, provided for increases in rates of pay on a percentage basis, the Employes would have insisted and the Carrier would have agreed to apply the percentage of increase to the rates being paid Assistant Yard Foremen and Assistant Foremen instead of applying the percentage of increase to Laborers rate only and maintaining the difference of 12 cents an hour.


The Carrier submits that the record and facts herein presented show that the rates of pay of the employes involved in this dispute were correctly established under the provisions of the agreement dated Washington, D. C., January 17, 1944, therefore, the Carrier respectfully requests that the claim be denied.


OPINION OF BOARD: That portion of Rule 8-15 (c) applicable to this dispute has not been modified by any subsequent agreement presented to this Division; it reads:




"Asst. Sec. Foremen-12 cents an hour above rate of laborers supervised."

The contention of the Employes is supported by the rule and the claim should be sustained.


FINDINGS: The Third Division of the Adjustment Board, 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






    Claim sustained.


            NATIONAL RAILROAD ADJUSTMENT BOARD

            By Order of Third Division


Dated at Chicago, Illinois,,this 20th day of June, 1945. ATTEST: H. A. Johnson

        Secretary