STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that the Pacific Electric Railway Company violated and continues to violate the Agreements, effective November 1, 1936, between the Pacific Electric Railway Company and the American Train Dispatchers Association, To Govern the Hours of Service and Working Conditions of Terminal Foremen:
(1) When it refused and continues to refuse to properly title, rate and classify two positions in the Butte Street Yard office as Terminal Foremen under the provisions of Article 1 (a) and (b) and Article 4 (e).
EMPLOYES' STATEMENT OF FACTS: There is an agreement between the Pacific Electric Railway Company and the American Train Dispatchers Association, governing the Hours of Service and Working Conditions of Terminal Foremen, effective November 1, 1936. Article 1-Scope, of said Agreement reads as follows:
"(b) When classification does not conform to this Article, employees performing service in the class specified shall be classified accordingly."
"The wages for new positions shall be the same as the wages for positions of equal scope and responsibility in the district where created."
OPINION OF BOARD: In view of the holding in Award 2963, Docket CL-2712, disposing of the question, this claim will be dismissed.
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