OPINION OF BOARD: Claim before us is made by the Organization to require Carrier to restore to the Telegraphers' Organization the work of handling coin lockers, including payment of commissions for such handling at Augusta, Maine. In addition, claim is made for reimbursement to the employe or employes suffering a monetary loss.

The record is undisputed that for a period of some thirteen years prior to January 1, 1951 the first trick telegrapher at Augusta, as a part of his assigned duties, made all collections and reports on the operation of coin lockers at this station, and was not paid any additional compensation for such service by the Carrier. Effective January 1, 1951, Carrier and the Organization entered into a new Agreement superseding the prior Agreement of February 13, 1943.

Under the earlier Agreement the Carrier had required the first trick operator to handle the collection of monies and make reports covering the operation of coin lockers at the station. This work was not covered by the Scope Rules in either of the Agreements above referred to. The Organization contends that the fact the first trick telegrapher had been assigned these duties for thirteen years, that by custom and practice the work covering the handling of coin lockers belongs to this position.

At the time of the effective date of the new Agreement, January 1, 1951, Carrier assigned the handling of coin locker work, including the making of collections and reports, to an employe of another craft. But Article 33 of the Agreement makes provision for the payment of five per cent (5%o) as a commission to such employes for handling such coin box collections. It is for this action of Carrier that claim is filed, and it is alleged that Carrier. violated Article 33 of the Agreement by taking the work from the Telegraphers.

We must adhere to the current Agreement and determine whether or not, as the Organization contends, the work involved properly belonged to the Telegraphers through custom and practice for thirteen years prior to the effective Agreement. During this long period the first trick telegrapher did perform this work without any extra compensation. Under the new Agreement, Article 33 provides as follows:

"ARTICLE 33:

"Coin Lockers-Toilet Locks.

"A commission of five per cent (5%) on all collections made from coin lockers and toilet locks will be paid to employes who handle and account for collections."

Certainly there is no ambiguity in the Article. It provides that employes under this Agreement who handle the locker and toilet lock collections will be paid an additional five per cent (51Jo) of such collections as a commission. We must bear in mind that on the effective day of the new Agreement, Carrier delegated the work of handling coin lockers and toilet locks to an employe of another craft, the Clerks' Organization.

We can come to but one conclusion, that at the time the new Agreement was negotiated and written, Carrier was in no way obligated to continue this work with the Telegraphers, and certainly by the inclusion of Article '3, Carrier had a right to determine who or what craft could perform the work. If the telegrapher performed it, he would be paid five per cent (5%0) commission, in addition to his regular rate of pay as telegrapher. But in this case the work was given to another, and the telegrapher has not performed the work since the current Agreement became effective. The work was taken from the telegraphers on the same day the Agreement became effective. The telegrapher position pays him the regular rate of compensation for his assigned position. He has suffered no monetary loss, as the result of

the work of handling the coin locker collections being removed from his assignment.

It is the opinion of the Board that when the new Agreement of January 1, 1951, was negotiated and became effective, the telegraphers have had no claim to the work, and Carrier has the prerogative to assign such work to employes of its choice. The custom and practice of having the telegrapher perform the work was abrogated by the new Agreement, and Carrier removed the work from the telegraphers at the time the Agreement became effective. Since no work has been performed, no commissions can be due under the Agreement.

Carrier has not violated the Agreement as alleged, and the claim should be denied.

Many Awards of this Division have been cited us by the parties to support their views, but we are of the opinion that Article 33 of the Agreement is so clear in its meaning and intention of the parties at the time it was negotiated, that it leaves no room for misunderstanding that the parties meant that if the telegraphers performed the work claimed, they would be paid five per cent (5%) commission, and that if they did not perform the work, they would not be entitled to commission in addition to their regular assigned rate of pay.

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

Carrier did not violate Article 33 of the Agreement as alleged.

AWARD