Effective July 1, 1966, Article 20 (d) - HANDLING TRAIN ORDERS, of the Agreement between the Parties which became effective May 15, 1950, is hereby amended to read as follows:


                (1) No employe other than covered by this Agreement and train dispatchers will be permitted to handle train orders at telegraph or telephone offices where an operator is employed and is available or can be promptly in an emergency, in which case the telegrapher will be paid for the call. The employe entitled to call will be

j notified.
              Award Number 20173 Page 2

              Docket Number CL-20166


        (5) If train orders are handled by persons other than those specified in Paragraph (1) of this rule in other than emergencies as defined in Paragraph (b) of this rule at a location where an employe under this agreement is not employed, a telegrapher to be designated by the District Chairman will be allowed four hours pay hours pay shall be applicable to each location in any consecutive four hour period regardless of the number of orders handled. The Carrier will notify the District Chairman of each such train order handled with General Chairman.


        (6) Emergencies, as referred to in Paragraph (5) of this Article, shall include only casualties or accidents, storms, engine failure, wrecks, obstruction to tracks, washouts, tornadoes, slides, or unusual delays which could not have been anticipated by the Dispatcher when the train was at the last previous open telegraph office, and which would result in serious delay to traffic.


          * * * * *01


Mansura Junction is located on Carrier's Avoyelles Subdivision - DeQuincy Division, on a "loop" between Bunkie, Louisiana and Addis, Louisiana. The record indicates that Texas and Pacific Railway Company (T&P) telegrapher povbttons at Mansura Junction and other stations have been abolished but that T&P telegraphers are still employed at both Bunkie and Addis, Louisiana. to a position of Telegraph ,Operator at Bunkie, Louisiana with an established seniority date of Janu Bunkie to Addis, through Mansura Junction, Simmesport and Lobdell Junction is owned by the T&P b Louisiana and Arkansas Railway Company (L&A). Train movement on the loop is directed by L&A train dispatchers located at Shrevesport.

 On April 17, 1971 the I&A dispatcher issued an identical order --Train Order No. 37-- to T&P Extra No. 351 southbound at Mansura Junction and to L&A No. 42 This handling of an order by the Conductor is the gravamen of the instant claim. Subsequently, on April 23, 1971 the Organization filed the instant claim pursuant to Paragraph 5 of the Memorandum Agreement, in a letter which reads as follows:
              Award Number 20173 Page 3

              Docket Number CL-20166


    "TRANSPORTATION-COMMUNICATION DIVISION N0. 25 BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS


                        Date April 23, 1971

                        File 1011


To: Mr. C. Percy Jr.
 Superintendent
 T&P RR
 502 Union Station
 Houston, Texas

 Dear Sir:

 At or about 1212P.M. on the date of April 19th, 1971, an employee not covered by the Telegraphers Agreement under the Scope Rule handled train order No. 37 at Mansura Jct., La.

 There was no emergency involved, therefore, I hereby designate Telegrapher C. E. Dowden, Bunkie, La. to receive a call payment at the applicable rate for this violation as provided for by Memorandum of Agreement between the Carrier an
        Please advise payroll period on which payment will be made.


Yours very truly,
 VERNON WESTER /S/
 Train Order No. 73 37 District Chairman
 April 19th, 1971
 No. 42 Eng. 80 Wait at Simmesport Box 355
 until 115PM For extra T&P 351 South.
 Order to No. 42 at Simmesport. Provencal, Louisiana
 B.J.H.
 Cam. 1212PM
 cc: - R. J. Upson,
 General Chairman"

 The claim was handled through the appropriate steps on the property and following denial by Carrier comes before our Board.

 Both Carrier and Organization rely heavily in support of their positions upon their respective views of one another's prior handling of allegedly similar claims. The Organization strongly contends that Carrier's position on the instant 27, 1971, wherein Carrier agreed to apply the provisions of the Memorandum
                      Award Number 20173 Page 4

                      Docket Number CL-20166


          Agreement to Mansura and Lobdell Junctions, and, accordingly, honored

          several penalty pay claims like the instant claim. Carrier, on the

          other hand, argues that said letter and payment was an ad hoc effort to

          settle a docket of backlogged claims and not a prospective letter of

          agreement. Moreover, Carrier asserts that the Organization's position

          is compromised by a February 1970 withdrawal of several claims like the

          instant claim.


          We are not persuaded by either of the foregoing contentions nor by the prior awards cited in their behalf. The guiding principle in this regard, and one we have expressed on other occasions, is that the Railway Labor Act contemplates every sincere effort by the parties to settle disputes over the interpretation and application of agreements before resorting to the ser offer of compromise or settlement of a similar claim by either party cannot be construed as an admission of liability, an abdication of rights or violation of an agreement absent compelling evidence to the contrary. To hold otherwise would run counter to well established principles in· tended to encourage settlement of disputes by mutual agreement. See Second Division Award 5864. Moreover, interpretation given an agreement by the parties themselves through past practice will be adopted as controlling only where the contra 561 and 3466, this Division. Inasmuch as we find no ambiguity in Article 20(d) as amended by the Mem further than the Agreement language in disposing of the instant claim.


          The uncontested record shows that Train Order No. 37 was copied and received at Mansura Junction by the Conductor of T&P Extra No. 351; neither a Train Dispatcher nor an employee covered by the Memorandum. Agreement. There was no emergency situation on April 19, 1971. Mansura Junction was a location where an employe under the Memorandum Agreement was not employed. Claimant C. E. Dowden is a Telegrapher daaignated by the District Chairman. Carrier refused to allow four hours pay at the minimum Telegrapher's rate applicable on the division.


          In the foregoing circumstances and under the clear language of Paragraph 5 of the Memorandum Agreement, Carrier violated the Agreement and the claim must be sus


                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 Labo. Act, se approved June 21, 1934;


I
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              Docket "lumber CL-20166


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                  A W A R D


        Claim sustained.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST
 Executive Secretary

 Dated at Chicago, Illinois, this 15th day of March 1974.