All that is contained herein has been both known and available to the Employes and their representatives.

(Exhibits not reproduced.)

OPINION OF BOARD: Carrier and the GM&O Railroad each maintain stations in Lockport and Lemont, Illinois. Prior to approximately April 1, 1952, the great bulk of Railway Express Agency shipments destined for these two communities were carried on GM&O local passenger trains. These shipments were handled at GM&O stations in Lockport and Lemont by GM&O employes, who received a commission in addition to their regular salaries for such work. Some express shipments were carried to the two points involved by Carrier's trains and were handled at its stations there by its agent-telegraphers. Since 1917, agent-telegraphers and other employes of Carrier have been required to handle express shipments as part of their regular duties, without additional commissions.

On April 1, 1952, the GM&O discontinued its local passenger service to Lockport and Lemont and as a result, the Railway Express Agency began shipping the freight formerly carried by the GM&O on trains of the Carrier. The duties and responsibilities in connection with these shipments fell upon Carrier's agent-telegraphers at these two points, substantially increasing their work without a corresponding increase in pay. The claim is on behalf of these two employes for an increase equivalent to the average of the express commissions previously received by the GM&O employes for doing the same work. The theory of the claim is that the imposition of this work upon Carrier's employes constituted the establishment of new positions under Article II, Section 6 of the Agreement. The relevant portion of Section 6 reads as follows:

"Except as otherwise provided . . when new positions are created . . ., the rate of pay thereof shall be fixed in conformity with that of existing positions of similar work and responsibility in the same seniority district. This Section 6 applies only in the creation of a new position, that is, one not previously in existence

Petitioner argues that in 1917, when Carrier stopped paying commissions to its employes for handling express shipments, the adjustment in pay rates made at that time reflected the amount of express then handled, not the greatly increased amount now involved. Also it is contended the only express work required of agents since 1917 has been express work on which no commissions have been paid; whereas the work which is the subject of this claim is work on which commissions were paid to GM&0 employes. This work, therefore, is new work for these positions and makes them new positions, according to Petitioner.

We cannot agree with this argument. The work of handling express shipments is the same, whether additional commissions are paid for it or not. Work of this type has always been part of the requirements of the agent-telegrapher positions. No new position has been created and therefore Section 6 does not apply. It is true that the agent-telegraphers are required to perform much more express work than heretofore; it may be that they are justified in demanding increased wages. However, it is outside the jurisdiction of this Board to determine such matters and we express no judgment on it. We can only hold that no provision of the Agreement requires the requested increase; it is a matter for collective bargaining between the parties.

FINDINGS: The Third Division of the Adjustment Board after 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 the Agreement was not violated.

AWARD