STATEMENT OF CLAIM: (a) Claim of the Brotherhood that the Carrier violated its agreement with this organization when, on September 1, 1945, it cancelled by unilateral decree, Supplement Number One to the current working agreement.
(b) That Mr. F. C. Parham, the senior Assistant entitled to promotion, be paid at the prevailing Signal Maintainer's rate of pay (less actual wages received as an Assistant during the period involved in this claim) for each day from September 1, 1945, to June 19, 1946, that a person not covered by the Signalmen's Agreement performed compensated service covered by Supplement Number One to the current Signalmen's Agreement.
EMPLOYES' STATEMENT OF FACTS: There is an agreement in effect between the parties to this dispute bearing effective date of December 16, 1942, as to rules and request is made that by reference it be made a part of the record in this dispute. ,
When the above mentioned agreement was consummated, a Supplement was negotiated to the agreement and it was designated as "Supplement Number One to the agreement effective December 16, 1942."
"SUPPLEMENT NUMBER ONE TO AGREEMENT EFFECTIVE
DEC. 16, 1942.
Under the provisions of Supplement Number One, the Signal Maintainer assigned to the territory between Norlina, N. C., and Portsmouth, Va., a
Norlina, N. C. and Portsmouth, Va., from September 1, 1945 until June 19, 1946 in addition to the work of maintaining telephones between Henderson, N. C. and Richmond, Va ., a signal maintainer was still employed during this entire period of time to perform the signal work between Norlina, N, C. and Portsmouth, Va. Since the portion of the railroad involved in this dispute is only a branch line, there was very little telephone maintenance work to be performed, and from September 1, 1945 until June 19, 1946, the telephone maintainer only performed telephone maintenance work between those points on the days indicated by the following tabulation:
The above tabulation was made from a daily work report record and is hereby certified as being correct by the telephone maintainer who made the report:
The carrier stands ready and willing to allow the claim that is now before the Adjustment Board for decision.
OPINION OF BOARD: The docket discloses that the Carrier cancelled Supplement No. 1 to the current Agreement between the parties, which action deprived a signal maintainer of work to which he was entiled under the terms of said Supplement.
Claimant F. C. Parham, senior assistant maintainer, entitled to promotion, should be paid 72 cents per day, which is the difference between what he received as assistant signal maintainer and what he should have received at signal maintainer's rate, for the 244 working days between September 1, 1945, and June 19, 1946, amounting to $175.68.
FINDINGS: The Third Division of the Adjustment Board, 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 4273-15 599