"RULE 60. Established positions shall not be discontinued and new ones created under a different title covering relatively the same class of work for the purpose of reducing the rates of pay or evading the.application of these rules."

were not violated, inasmuch as an entirely new position was created, and the rate established ully complied with the provisions of Rule 52, reading:

"RULE 52. Wages for new positions shall be in conformity with the wages for positions of similar kind or class in the seniority district where created. If no similar position exists in the seniority district where created, rate shall be in conformity with positions of similar nature in adjoining seniority districts and shall be subject to negotiations."

$4.45 per day

4.75 " "

5.25 " "

6.21 " "

We only have one position paying $6.21 per day, that being a position in the Passenger Traffic Department with title of "Stock and Record Clerk" and in addition to filing, occupant is also responsible for passenger department ticket stock, tariffs, etc. Therefore, the rate of $5.50 per day is actually in excess of that paid on similar positions.

"* * * that the position now designated as 'File and Record Clerk,' which was formerly classified as 'Head File Clerk' be rebulletined at the proper rate of $7.45 per day, effective from date position was filled by bulletin of June 20, 1941."

In this connection, the Carrier wishes to bring out that the rate of $7.45 per day is in error, inasmuch as a proper conversion of the $190.00 monthly rate to a daily basis produces a rate of $6.25 per day, and not $7.45 per day.

OPINION OF BOARD: On July 1, 1941 the carrier established the position of File and Record Clerk in the Chief Engineer's Office at Denver,. This position was bulletined and assignment made.

Employes contend that the carrier has violated Rule 60, which provides: "Established positions shall not be discontinued and new ones created under a different title covering relatively the same class of work for the purpose of reducing rates of pay or evading the application of these rules."

Employes' contention is based upon the fact that at the time this position was established there was abolished the position of Head File Clerk in the same office, and it is contended that the new position is performing "relatively the same class of work" as that performed by the abolished and higher rated position. The carrier contends that the newly established position is in fact a new position and carries a wage "in conformity with the wages for positions of similar kind or class" within the meaning of Rule 52 of the agreement.

The issue thus presented is one of fact which must be determined upon the proof submitted. The employes have submitted Exhibit "A;" which sustains their position. Carrier's response to Exhibit "A" is as follows: "Employes' Exhibit 'A' does not correctly reflect the duties which were performed by Mr. Eddy (former occupant of abolished position). In addition to the duties of Mr. Eddy as outlined in Exhibit 'A; he also performed the following duties:

"Preparation of Vouchers Recording Improvement Work Recording Deeds Recording Completion Reports Maintenance of Bridge Records, and Miscellaneous Clerical and Secretarial work."

However, at least a part of this work which carrier contends was performed by r. Eddy and not included in Exhibit "A" is included in the duties as described in the bulletin advertising the position of "File and Record Clerk."

It is not necessary to constitute a violation of Rule 60, that the duties of a newly created position be identical with those of a discontinued position, all that is required is that the newly created position covers "relatively the same class of work." Upon the entire record it must be found that the carrier has violated Rule 60.

We find no merit in carrier's contention that the old monthly rate converted into a daily rate would produce only $6.26 per day.

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;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

AWARD

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division