time of the claim. Some rule changes have been made since that time to conform with the 40LHour Week Agreement.

(Exhibits not reproduced).

OPINION OF BOARD: Prior to March 15, 1949, Trunzo held the position of Foreman. Allen and Trinkala held positions as Cooks. The undisputed evidence is that when the Carrier furloughed these employes on March 15, 1949, they were not required to remain available and the Carrier had no way of knowing the length of the furlough. The Carrier has a right to abolish positions when work is not available. The claim is that the establishment of a monthly rate of pay makes the month the unit of employment and that the claimants are entitled to be paid for the full month of March, 1949, although they performed no work subsequent to the 14th of the month.

The applicable rules are Sections 9 and 15 of Article V:

"Sec. (9) Positions not requiring continuous manual labor such as lampmen and pumpers, will be paid monthly rate to cover all services rendered during their regular assigned eight (8) hours. If required to perform service on Sundays and holidays, or outside of the assigned eight hours, or on calls will be paid in accordance with Article V, Sections 5, 6 and 7. The hours of employes covered by this rule shall not be reduced below eight (8) hours per day for six (6) days per week.

"Camp cooks will be paid at the base rate of $122.40 per month. When the gang served by the cook is working an eight (8) hour day the cook will receive two additional hours at time and one-half rate. Where the gang served is working nine (9) hours the cook will receive three (3) additional hours at time and one-half rate."

"Sec. (15) Employes whose responsibilities or supervisory duties require service in excess of the working hours or days assigned for the general force will be compensated on a monthly rate to cover all services rendered, except that when such employes are required to perform work which is not a part of their responsibilities or supervisory duties, on Sundays, or in excess of the established working hours, such work will be paid for on the basis provided in these rules in addition to the monthly rate. Section foremen required to walk or patrol track on Sundays shall be paid therefor on the basis provided in these rules in addition to the monthly rate.

"Foremen shall be compensated on the same overtime basis as the men supervised when the general force is required to work in excess of eight hours (8) per day."

The payment of a "monthly rate" does not establish a month as the unit of employment. The practice followed by the parties since the date of the agreement in situations where jobs were abolished supports the Carrier's interpretation.

In Award Number 4849 where the claim was that the employes were on a monthly basis and that the Carrier was required to pay "regardless of whether or not the Carrier uses these employes the entire month," the Board in denying the claim stated:

"The foregoing rule provides for paying the employes within it on a monthly basis. It is not a monthly guarantee rule. The collective Agreements with which we here deal are not contracts of employment as to time. The Carrier merely agrees to give all the work of a class to that class and fixes the rate of payment therefor. When there is no work of a position to be performed, the position may be abolished. This is what happened in the present case and claimant

was required to exercise his seniority and displacement rights. When he displaces because of force reduction, he takes the rate of the position he assumes. The rate of a position is paid only so long as there is work of the position to be performed. When the work of the position disappears, the Carrier can abolish the position without penalty. Specific guarantee rules may provide for a rate of pay based on other considerations, but we have no guarantee rule in the present case, nor a contract of employment for a definite period. There is no merit in the claim."

That the Agreement was not violated.

AWARD