NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
DISPUTE.-"Claim of C. D. Holzman that he be paid two flours per day at ticket clerk's rate and six hours per day at assistant cashier's rate on account of being engaged in the hamlnng of work formerly handled by )times third trick ticket clerk in tile hargo ticket office, effective as of January 3, 1033, and for subsequent dates that be performed like service.."
FINDINGS; The Third Division of the Adjustment Board, upon tile whole record and all the evidence, finds that
The carrier and the employee involved in thus dispute are respectively carrier and employee within the meaning of the Railway Labor Act as approved Tune 21, 19,34.
This division of the Adjustment Board has jurisdiction over the dispute involved herein.
The parties to said dispute were given due notice of hearing thereon.The following statement of facts is jointly certified by the parties, and the Third Division so finds:
"Effective January 3, 1933, tile midnight to 8: 00 a. in- assignment of tile ticket clerk at Fargo was abolished. The assigned hours of tile second assistant cashier were from 6:15 a. m. to 3:15 p· m. The hours of assignment of tile position of second assistant cashier were changed from 5: 00 a. m. to 1: 09 1). m., and arrangements were made for the occupant of that position to sell tickets from 5:00 a. m. to 7: 60 a. in. Air, Hotzinan who had been occupying the position of ticket clerk at Fargo witb assignment from add. night to 8: 00 a. at., exercised his seniority onto position of second assistant cashier. The rate of pay of the ticket clerk's position that was abolished was $4-94 per day. The rate of the assistant cashier's position is $4,72 per day."
An Agreement bearing effective date of August 15, 1922, is shown to exist between the parties, and the following rules are cited and relied upon by petitioner
"Ruts 76. Preservation of rotes.-Empioyes temporarily or permanently assigned to higher-rated positions shall receive the higher rates while occupying such positions; employes temporarily assigned to lower-rated positions shall not have their rates reduced. A 'temporary assignment' contemplates the fulfillment of the duties and responsibilities of the position during the time occupied, whether the regular occupant of the position is absent or whether tile temporary assignee does tile work irrespective of tile presence of the regular employe. Assisting a higher-rated e·Inplohe due to a temporairy increase in the volume of the work does not vonstitute a temporary assignment"
The rules hereinabove cited and relied upon by petitioner do not sustain the claim whlel, is made subject of this dispute.