NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
"(a) Claim of H. S. Cater for $325.51, representing the difference between the Fire & Accident Prevention Inspector's rate of $215.00 per month and Stenographer's rate of $129.59 per month, during time he was used to perform duties formerly assigned to and performed by Fire & Accident Prevention Inspector between December 14, 1931, and May 1, 1933.
"(b) Request that Mr. Unter be paid for each day lost from March '=0. 7933, to November 1, 1933, account assigning him to work four (4) days per week during this period."
FINDINGS.-The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier and the employs involved in this dispute are respectively carrier and employs within the meaning of the Railway Labor Act, as approved Jim(? 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Tile parties to said dispute were given due notice of hearing thereon.The parties jointly certified the following statement of facts and the Third Division so finds:
"(a) Prior to December 1, 1931, there existed in the ofce of Chief Engineer at Denver, Colorado, a position designated as `Fire & Accident Prevention Inspector,' rate of pay $215.00 per month. This position was held by Mr. H. S. Unter.
"On December 1, 1931, the position of Fire & Accident Prevention Inspector was abolished, and on December 14, 1931, Mr. Cater was assigned to a Stenographer position carrying a rate of pay of $129.59 per month.
"After the position of Fire & Accident Prevention Inspector was abolished, effective with the close of business Dec. 4, 1931, the incumbent was transferred to a stenographic position on Dec. 14, 1931, at a basic monthly rate of $129.59.
"The following duties in connection with fire and insurance matters were handled by Mr. Unter as Stenographer:
"1. Checking Superintendents' monthly reports and other records of any changes in facilities that require changing in insurance and writing letters to the Insurance Company covering such changes.
"2. Checking of fuel oil, cotton, treated lumber at the plant, and rolling equipment in the shops, and making reports to the Insurance Company covering changes.
"3. Checking invoices from Insurance Companies and making vouchers and bills, also bills against the Texas Lines for their proportion.
"4. Keeping a record of all fire losses and reporting same to the Insurance Company, including the malting of claims and also making monthly report of fire losses to the Insurance Department, of the Burlington, also accounting features in connection with insurance matters.
"Mr. Unter continued to handle the above duties until May 1. 193.3. After that date all insurance matters were removed from the Stenographers' position, except the dictation of letters to him and the typing of vouchers and bills.
"(b) Effective March 20, 1933, Mr. H. S. Unter was assigned to work four (4) days per week, and was paid for only four days."
There is in evidence an agreement between the parties bearing effective date of July 1, 1924, and tile petitioner cites and relies upon the following rules in support of claim:
"Employes temporarily or permanently assigned to higher rated posttions shall receive tile higher bates while occupying such positions; employes temporarily assigned to lower rated positions shall not have their rates reduced.
"Nothing herein shall be construed to permit the reduction of days for the employes covered by this rule below six (6) per week, excepting that this number may be reduced in :I week in which holidays occur by the number of such holidays."
"This agreement shall be effective as of July 1, 1924, and shall continue in effect until it is changed, as provided herein or under the provisions of the Transportation Act, 1920. Should either of the parties to this agreement desire to revise or modify these rules, thirty (30) days' written advance notice containing tile proposed changes shall be given and conferellee held on date mutually agreed upon.
Claim (a).-That following tile abolishment of position of Fire and Accident Prevention Inspector, Mr. Unter was assigned to and accepted position of Stenographer; that he was not temporarily assigned to a lower rated position and such action was not in violation of Rule 53.
Also, that Rule 55 is not applicable, because Mr. Unter was assigned to an "Existing" and Hot a "New" position.
Claim (b).-On account of the decrease in work and to avoid force reduction, position occupied by Mr. Unler was assigned to work four days per week.
The Third Division finds-Claim (b).-Assigning Mr. inter to four days per week was contrary to the provisions of Rule 48.