qualify them for same. Employes displaced by their return may: exercise their seniority in the same manner.

5. Provisions of existing agreements governing service and working conditions, in conflict with the foregoing are to be considered as temporarily superseded or suspended during the life of this memorandum of agreement."

Under "3" next above quoted, Maintainer Stinson, upon his return from military service, was entitled to return to his former position temporarily held by Allred, or within three days after his return he was privileged to exercise his seniority rights in accordance with schedule rules to any position bulletined during his absence if his ability and fitness qualified him for same. Stinson elected to return to his former position. Allred, who was displaced by Stinson's return, was then privileged by the language of the last sentence of "3" to exercise seniority in the same manner as Stinson was privileged to do. Allred did this by exercising his rights to the position as maintainer at Chillicothe which had been bulletined as a permanent vacancy within the period of time covered by Stinson's absence in miiltary service.

The Carrier respectfully requests that Employes' claim be denied,

(Exhibit not reproduced.)

OPINION OF BOARD: On December 12, 1942, W. B. Stinson, third trick car retarder maintainer at Portsmouth, Ohio, entered military service. His position was bulletined as a temporary vacancy and bid by W. A. Allred, the occupant of a permanent position at Lucasville, Ohio. this latter position was in turn bulletined as a temporary position and continued as such to the date of Stinson's return from military service on January 27, 1948. Upon his return, Stinson elected to return to his old position at Portsmouth occupied by Allred. Allred thereupon exercised his seniority rights to a permanent position of signal maintainer at Chillicothe, Ohio, a position which had been bulletined and filled while Stinson was in military service. The Organization contends that under the applicable agreement, Allred should have been required to take his old position at Lucasville.

The controlling agreement is designated as Memorandum Agreement dated May 1, 1941 and made 'effective August 1, 19x9. Applicable paragraphs thereof provide:

"Signal employes, other than assistant signalmen, assistant signal maintainers and helpers, returning to the service of the railroad following their release or rejection from such military or naval service will be permitted to return to their former positions, or may,-upon return or within three (3) days thereafter, exercise seniority rights in accordance with schedule rules to any position bulletined during such absence if their ability and fitness qualify them for same. Employes displaced by their return may exercise their seniority in the same manner."

"Provisions of existing agreements governing service and working conditions, in conflict with the foregoing are to be considered as temporarily superseded or suspended during the life of this memorandum of agreemnt."

It is clear that the provisions of the Memorandum Agreement control over schedule rules by its own terms. The present case turns on the meaning of the first quoted paragraph-

It is plain that Stinson had the right upon his return to do either of two things-return to his former position or exercise his seniority rights to any position bulletined during his absence which he was qualified to fill. He chose to return to his old position which had the effect of removing Allred therefrom.

The last sentence of the first quoted paragraph provides that "employes displaced by their return may exercise their seniority in the same manner." This means that when Stinson displaced Allred at Portsmouth, that Allred could also do one of two things,-return to his former position or exercise his seniority rights to any position bulletined during the absence of Stinson which he was qualified to fill. He chose to exercise his seniority on the maintainer's position at Chillicothe. This is clearly correct under the wording of the Agreement.

The Organization contends that the questioned language means that when Stinson returned to his former position that Allred should in like manner return to his. The rule says, however, that employes displaced by their return may exercise their seniority in the same manner. This clearly gives Allred the same alternative rights that were given to Stinson. It is true that Allred had a chance to bid for the positions bulletined during Stinson's absence in military service. He was not required to do so, however, until he was relieved by the owner of the position. Stinson may never ave returned to the employ of the Carrier or he may have chosen to exercise his seniority to some other position, in either of which events Allred undoubtedly preferred to be the occupant of Stinson's position. The Agreement evidently was written with these possibilities in mind when it preserved to the occupants of temporary vacancies resulting from military service, the right to exercise seniority on all positions bulletined during that period. The Memorandum of Agreement gives him that right and consequently the Carrier acted correctly in recognizing his claim to the maintainer's position at Chillicothe.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That both parties to this dispute waived oral hearing thereon;

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

The Agreement was not violated.

AWARD