estoppel and hold that recovery is limited to compensation from May 2, 1947, the day on which Claimant first filed his monetary claim."

The Board will also readily recognize that the Brotherhood's claim in the instant dispute for time and one-half in behalf of the occupants of Position 117 for five (5) hours work not performed on Sundays is contrary to the Board's well established principle that the right to work is not the equivalent of work performed under the overtime and call rules of an agreement.

In conclusion the Carrier submits that the claim of the Employes in the instant dispute is entirely without support under the Agreement rules in effect between the parties and should be denied for the following reasons:

1. The handling complained of in the instant dispute is clearly contemplated and authorized by existing agreement rules between the parties hereto, which became effective September 1, 1949.

2. The Employes' claim is not supported by the Agreement rules presently in effect between the parties but is, on the contrary, based entirely on:

(a) Decision No. 5 of the 40-Hour Week Committee which the Carrier has conclusively shown was not applicable to the governing agreement in effect between the parties hereto; and,

(b) Agreement rules and interpretations thereof which were in effect prior to September 1, 1949 but which were eliminated by negotiation as of that date.

3. The Board is without authority to render a sustaining award in the instant dispute for the reason that it would have the effect of:

(a) Extending the scope of Decision No. 5 of the 4~Q~Hour Week Committee to include the respondent Carrier and its Clerks' Agreement of October 1, 1942; and,

(b) Restoring to the Agreement, rules and practices which were eliminated by the national 40-Hour Week Agreement and by the parties' Supplemental Agreement of May 7, 1949, effective September 1, 1949, and would thereby constitute a revision or amendment of the governing agreement presently in effect between the parties hereto.

The Carrier is uninformed with regard to the arguments the employes will advance in their ex parte submission and accordingly reserves the right to submit such additional facts, evidence and argument as it may conclude is necessary in reply to the Employes' ex parte submission and any subsequent oral arguments and briefs they may present in this dispute.

All that is contained herein is either known or available to the Employes and their representatives.

(Exhibits not reproduced.)

OPINION OF BOARD: Prior to September 1, 1949, Clerk's position No. 117, at Cameron, Texas was a 7-day position, the incumbent working his rest day (Sunday) at time and one-half. As of eptember 1, the assignment was reduced to five days, Mondays through Fridays. Saturday work was performed by a regularly assigned relief employe. On Sundays the incumbent was called upon to work from 1:00 A.M. to 4:00 A.M. for which he was paid three hours

at time and one-half rate. He claims eight hours at time and one-half for each Sunday so used.

This case involves the same problems as Docket CL 6262, Award 6303, and the same disposition is in order.

FINDINGS: The Third Division of the Adjustment Board, 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

That the Carrier violated the Agreement.

AWARD