The Board's particular attention is directed to "Article I-Wage Increases, Section 2", and "Article II-Holidays, Section 6(e)" of the November 20, 1964 Mediation Agreement, herein quoted, because these two provisions will be referred to from time to time in this submission and also because on these two provisions rest the Carrier's contention that the Petitioning Organization has no basis for the claim they are making.

(Exhibits not reproduced.)

OPINION OF BOARD: We are petitioned to find the "number of hours comprehended by the monthly rate" effective January 1, 1965, by interpreting and applying the November 20, 1964 Mediation Agreement. The pertinent provisions of that Agreement are:

"ARTICLE I. WAGE INCREASES

Section 1. Effective January 1, 1964, all hourly, daily, weekly, monthly and piece-work rates of pay for employes covered by this agreement, other than employes represented by the Brotherhood of Railroad Signalmen, will be increased in the amount of 9 cents per hour applied so as to give effect to this increase in pay irrespective of the method of payment. The increase provided for in this Section I shall be applied as follows:

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Monthly Rates.

Determine the equivalent hourly rate by dividing the existing monthly rate by the number of hours comprehended by the monthly rate. Nine cents per hour multiplied by the number of hours comprehended by the monthly rate shall be added to the existing monthly rate.

Section 2. Effective January 1, 1965, all hourly, daily, weekly, monthly and piece-work rates of pay for employes covered by this Agreement, other than employes represented by the Brotherhood of Railroad Signalmen, will be increased in the amount of 9 cents per hour, applied so as to give effect to this increase in pay irrespective of the method of payment. The increase provided for in this Section 2 shall be applied in the same manner as provided for in Section 1.

Section 3. Effective January 1, 1966, all hourly, daily, weekly, monthly and piece-work rates of pay for employes covered by this agreement, other than employes represented by the Brotherhood of Railroad Signalmen, will be increased in the amount of 9 cents per hour, applied so as to give effect to this increase in pay irrespective of the method of payment. The increase provided for in this Section 3 shall be applied in the same manner as provided for in Section 1.

ARTICLE II. HOLIDAYS

Article II of the Agreement of August 21, 1954, as amended by the Agreement of August 19, 1960, insofar as applicable to the employes covered by this Agreement, other than employes represented by the Hotel & Restaurant Employees and Bartenders International Union, is hereby further amended by the addition of the following Section 6:

Section 6. Subject to the qualifying requirements set forth below, effective with the calendar year 1965 each hourly, daily and weekly rated employe shall receive one additional day off with pay, or an additional day's pay, on each employe's birthday, as hereinafter provided.

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(e) In addition to the wage adjustments provided for in Article 1 of this Agreement, effective January 1, 1965, the monthly rates of monthly rated employes shall be adjusted by adding the equivalent of 8 pro rata hours to their annual compensation (the monthly rate multiplied by 12) and this sum shall be divided by 12 in order to establish a new monthly rate.

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says the same number of hours was comprehended in Article I, Section 2. Petitioner argues that: (1) the eight hours prescribed in Article II, Section 6(e), was to be divided by 12, the quotient to be added to 174, making the 1965 hours comprehended 174% per month; and, (2) Carrier violated the Agreement by applying the 1965, 9 cents wage increase to only 174 hours.

We know of no principles of contract construction which we can apply and resolve the dispute. We are faced with a factual issue: What was the intent of the parties? We are unable to make a finding as to intent because of lack of evidence in the record. Consequently, we must dismiss the Claim.

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 Claim must be dismissed for failure of proof.

AWARD