"(g) If it is found that this rule does not produce adequate compensation for certain of these positions by reason of the occupants thereof being required to work excessive hours, the salary for these positions may be taken up for adjustment. (Amended Sept. 1, 1949)" (Emphasis ours.)

Instead of following the procedure outlined in their agreement, the parties have progressed a claim to this Board that is without basis, and it should accordingly be denied.

All data in this submission have been presented to the Employes and made a part of the question in dispute.

(Exhibits not reproduced.)

OPINION OF BOARD: Prior to January 4, 1958, Claimant, E. O. Clark, had been regularly assigned to a monthly-rated position of Traveling Signal Maintainer.

In Petitioner's original Submission we note the following:

"The Carrier stated in its letter of January 27, 1958, that neither the regular Maintainer nor the Maintainer adjoining to the south were available. It further stated, `We maintain that Mr. Clark can be used on any other Maintainer's territory in an emergency in the same manner that any other Maintainer can be called.' In this instance, the Brotherhood is not denying the Carrier the right to call and use the claimant as it did. However, we do contend that he should be allowed additional compensation for having performed overtime work off his assigned territory."

This is reiterated in Petitioner's Rebuttal to Carrier's original submission.

Section 72 of the Agreement which makes provision for the establishment of monthly rated positions contains the following:

"(d) No overtime is allowed for time worked in excess of eight (8) hours on regular work days, on holidays, or on the sixth day of the work week, . . .

Claimant, a regularly assigned Traveling Signal Maintainer was called to make some emergency repairs while he was under pay and within the hours of his regular assignment as is specifically permitted by the rules of the Agreement. There is no provision in Section 72 for an allowance of additional compensation for work performed away from an employe's regularly assigned territory and this Board is powerless to read it into the Agreement.

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

That the parties waived oral hearing;

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 Agreement has not been violated.

AWARD