month position performing the duties formerly handled by the second shift assistant car clerk (rate $127.00) effective October 1, 1936, the date this work was assigned to the yard clerk, the rate of that position was increased from $124.00 to $127.00 per month.

"Prior to October 1 1936, a terminal or index record book, form 483, was maintained in the freight office by the various Assistant Car Clerks. This work consisted of maintaining a record of cars moving into and out of the station. At the time these Assistant Car Clerk positions were discontinued, the compilation of form 483 index book was discontinued at the freight office and thereafter maintained in the yard office by telegraph operators.

"None of the work formerly handled by the second and third trick Assistant Car Clerks was transferred to positions carrying a lower rate of pay, and, consequently, there can be no proper contention made that the duties and responsibilities of any of the positions in question were increased other than the second trick yard clerk, and that rate was adjusted to that of the discontinued second shift Assistant Car Clerk position.

"The assignment of work of compiling form 483 index record to telegraph operators was in accord with the accepted practice in effect on this property. There has been no disagreement with our clerical employes with respect to as signing clerical work to telegraph employes. Such changes have been made in many cases where both clerical and telegraph work has been necessary, and where there has been only a sufficient volume of work to warrant the maintenance of one position at a station and in many other cases where there are two or more positions at a station, employes classed and paid as telegraph op erators and agents have performed all necessary clerical work at such stations.

"There being no operating necessity for re-establishing these two positions and the work formerly handled by these positions having been distributed to other positions in accord with the intent of the clerical schedule, i. e., to higher or same rated positions, the employes' contention that the contract has been violated is not substantiated, and the claim should be declined. There is no contract obligation requiring the carrier to continue positions not needed."

OPINION OF BOARD: This is another of the series of cases referred to in Award Number 607.

The evidence in this case indicates clearly that the carrier violated the principle of Rule 69 when it discontinued the positions of Second and Third Assistant Car Clerks, Oklahoma City Freight Office, and assigned the work to other employes; that the carrier violated Joint Interpretation to Rule 69 when it reassigned the duties of the positions in question to other positions, without con ference with the petitioner; and that the carrier violated the scope and seniority rules of the agreement when it assigned some of the duties formerly attaching to the positions in question to yardmasters and section laborers, which employes are not covered by the current agreement.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:

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, 1934;

530

AWARD