STATEMENT OF FACT,.-Effective August 1930, Superintendents' offices at Kingsville, and De Quinsy were consolidated with beadquarters tit Ningsville, Tex. In the consolidation of these ofces, the positions of Statistician told Report and Statistical Clerk at De Quincy were abolished and the work transferred to the Kingsville office. employes whose positions were abolished transferring to the Kiugaville office until placed in accordance with their seniority. Mr. Riley, after completion of other service at De Quincy, transferred to the position of Report and Statistical Clerk at hhtgsvitIc on Sepaemher 10, 1331. At KingFville there is n lasition of Statistician, rate $6.90 per day, as well as position of Report and Stalfetioal Clerk. rates $:5.66 per day.
An ngreenlent hearing effective date of December 1, 192ft, fs in evidence, and the following rules thereof have been cited:
"Positions (not employees) shall be rated, and the transfer of rates from one position to another shall not he permitted."
"Employees temporarily or permanently assigned to higher rated position simll receive the higher rates while occupying such positions; employees temporarily assigned to lower rated positions shall not have their rates reduced.
"A 'temporary asnigtuaeut' contemplates the ful(illtnent of the duties and responsibilities of the position diving the time occupied, whether the regular occupant of the position is nb,ent or whether the temporary assignee does the work irrespective of rite presence of the rogular employee. Assisting n higher rated enploya·e, due to a temporary increase in the volume of work, does not constitute a temporary assignment"
"Estabukhed povtlons shall not be discontinued and new ones created under a different title covering relatively the same class or work for the purpose of reducing the rate of lacy or evading the application of these rules."
POSITION OF EMPLOYES.-Enployes contend that the position of R-sport and Statistical Clerk occupied by Mr. Riley at Kingsville is, in fact, tbat of Statistician and should be paid at the role of $6.90 per day; that he performs substaulally the same duties as the Statistician.
POSITION 01' CARRIER.-Carrier contends that the position in question is, in fact, that of Report and Statistical (Ierlc, and tluit the rate of $:r.65 per day is proper.
OPINION OE BOARD.-This being ail individual ease involving touch data as to duties performed oil the position in question, it is not deetnecl necessary to relate all the intricate details, but it is sufficient to state that the evidence does not sustain the clabtt that the position is that of Statistician and entitled to flip rate of $6.90 per day. Evidence shows, however. that in their conference of March 2. 1936, tile parties were, in practical accord that this position was, under the agreement, entitled to the rate of $6.00 per day.
FIND INOS.-The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, fit(! upon the whole record dial all the evidence, finds well hoids-
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, 1984;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That in accordance with above opinion and related facto, proper rate of the position is $6.00 per day, effective March 2. 1936.