BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT
HANDLERS, EXPRESS AND STATION EMPLOYES
THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY
COMPANY
DISPUTE.-"Claim of W. G. \Vright for rcstorallott of his former position of Chief Clerk to Superintendent of Terminals, Cincinnali. and for rehttllmsement of monetary loss suftero0."
FINDINGS.-The Third Division of tic, Adjustment Board, upon tha whole record and all the evidence, finds that:
The carrier and the emplo),ee involved ill this dispute are, respeclicolp, carrier and employee within the memdltg of the ILtilu-ap Lahor Act as approved June 21, 1934.
This division of the Adjustment Board has jurisdiction over the di=intte involved herein.
The parties have Jointly tvrtifred the following Statement of Facts mxl tile Third Division so fixnls:
"Under date of January 23. 7933, Mr. E. S. Botr-linn, Superintendent of Terminals, issued the following bulletin
"'Effective February 1st, position of Chief Clek to 1nperintelulent of Terminals is abolished, .Mr. J. F, Carroll, Assistant Agent, trill aasuate duties of Chief Clerk."'
Claim is based upon Bule 20, Paragraph (e) of the agreerncrtt, etiective September 1st, 1926, between the parties, reading:
" hl.\eept as otherwise provided in these rules, established po,itions AMU riot he discontinued and new ones created under a different title covering relatively the same class of work for the parpose of reducing the rate of pay or evading the application of those rates."
It is found That the Rule quoted mas not violated in this instance.