It is obivous from the foregoing that the contention and claim of the Employes that the position of supervisory agent at Robstown, which station is a star (*) agency compensated on a monthly basis to cover all services rendered, is entitled to overtime for service performed in excess of eight hours, is without basis; that the record clearly and conclusively shows that it has been mutually recognized and understood by the parties that the occupants of such positions are not entitled to overtime, and that it has not been the practice for the Employes to claim nor for the Carrier to allow overtime on such positions, in view of which this claim should be denied.

The submission of this case to the Adjustment Board is without question an attempt on the part of the Employes to obtain a new rule providing that monthly rated positions of agent at star (*) agencies will receive overtime contrary to the mutual understanding of the parties over the years as evidenced by the information contained in the "Position of Carrier". As the granting of new rules is a function not coming within the province of the Adjustment Board the contentions and accompanying claim of the Employes should be dismissed for lack of jurisdiction.

OPINION OF BOARD: The position of Agent at Robstown, Texas, is a star (*) station and is compensated on a monthly basis. The Agent in charge thereof is a Supervisory Agent who performs no telegrapher service. The monthly rate of pay is specified in Rule 37.

The claim is for overtime work on the dates specified in this claim. The Employes contend that the Agent is entitled to time and one-half for all time worked in excess of eight hours on those dates in addition to his regular monthly tote of pay. The Carrier contends that at a star (*) station where the Agent does no telegrapher's work that the monthly rate compensates the Agent for all services rendered.

To support their claim the Employes rely upon Rule 1-Scope, Rule 13Hours of Service, Overtime, Calls, Handling Train Orders, Etc., Rule 36Bulletining of Star Stations and Classifications of Employes, and Rule 37Rates of Pay and Classification. The Carrier relies upon Rules 4, 36 and 37, and settlements to support its contention.

Rule 4 reads:

"Unless otherwise mutually agreed upon by the Carrier and the duly accredited representative of the Organization, employees covered by this agreement will be paid on the hourly basis."

Under Rule 37, it was agreed that the Agent at Robstown, Texas, would be paid monthly. To support its claim that Star Agents who do no telegrapher's work are compensated at the monthly rate for all services, the Carrier quotes two letters written by the General Chairman dated September 2, 1938. These letters were in reference to Agent R. C. Hollified for overtime. He was a monthly rated Employe but since he also did telegrapher's work the General Chairman contended that his claim should be sustained. The clear implication from these letters is that if he were only a supervisory Agent at a star (*) agency, then his monthly rate would be fixed to include overtime that was necessary for the Agent to perform. In other words, these letters are admission that the Carrier's position is correct.

But the Employes say that since these letters were written there has been executed a new contract and, therefore, these letters would in no way effect this contract which became effective October 15, 1940. The answer to that contention is that there has been no material change with reference to the rules relied upon by the Employes, in fact they are almost word for word with the same rules of the 1930 contract. It follows that the interpretation put on the 1930 contract would be carried over into the 1940 contract, absent a change in the Agreement, therefore, the claim should be denied.

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 there is no violation of the Agreement.

AWARD