GULF COAST LINES: INTERNATIONAL-GREAT NORTHERN RR. CO.; THE ST. LOUIS, BROWNSVILLE & MEXICO RY. CO.; THE BEAUMONT, SOUR LAKE & WESTERN RY. CO.; SAN ANTONIO, UVALDE & GULF RR. CO.; THE ORANGE & NORTHWESTERN RR. CO.; IBERIA, ST. MARY & EASTERN RR. CO.; SAN BENITO & RIO GRANDE VALLEY RY. CO.; NEW ORLEANS, TEXAS & MEXICO RY. CO.; NEW IBERIA & NORTHERN RR. CO.; SAN ANTONIO SOUTHERN RY. CO.; HOUSTON & BRAZOS VALLEY RY. CO.; HOUSTON NORTH SHORE RY. CO.; ASHERTON & GULF RY. CO.; RIO GRANDE CITY RY. CO.; ASPHALT BELT RY. CO.; SUGARLAND RY. CO.
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(a) The Carrier violated the Clerks' Agreement at San Antonio, Texas Depot Ticket Office beginning December 8, 1945 when it assigned four hours of higher rated accounting work to lower rated Ticket Clerk H. H. Marty. Also
(b) Claim that Mr. Marty be paid the difference between Accountant's rate and Ticket Clerk rate from December 8, 1945 until second position of Accountant was established in February 1946.
EMPLOYES' STATEMENT OF FACTS: Prior to November 3, 1945 position of Ticket Clerk No. 4, San Antonio Passenger Station was assigned to the Information Booth located in center of the station lobby. The duties of the position were to sell some few tickets and to furnish information to the traveling public. The position was assigned 2:30 P. M. to 10:30 P. M., and was held by S. M. Floyd.
On November 3, 1945 the Information Booth was closed, after which the position "was assigned in the Ticket Office to sell tickets, handle accounts,
In the case under consideration the Employes are attempting to do the very thing your Board in above Award 3420 denied them the right to do.
When consideration is given to all the facts and circumstances involved in the case under consideration, specifically the fact that no rule in the Clerks' Agreement has been violated as alleged by the Employes; that no work was performed by claimant on ticket clerk position No. 4 not included in and assigned thereto by bulletin advertising the position; together with the "Opinion of Board as expressed in Award No. 3420 covering a previous case on this same property, it is clearly evident that the contention and claim of the Employes in the case under consideration is entirely without basis.
Therefore, it is the position of the Carrier that the contention of the Employes be dismissed and the accompanying claim accordingly denied.
OPINION OF BOARD: The claim, the pertinent rules of the Agreement, citation and digest of awards and the contentions of the parties are set forth above.
The Organization bases this claim on the proposition that Rule 50 entitled "Preservation of Rates", was violated by the Carrier in the case of Clerk H. H. Marty. The Carrier states the historical background of the rate paid for the position of accountant-ticket clerk and Letter Agreement of October 13, 1940 (set out above) and which relates to 365 day assignments, not necessary to continuous operation of the Carrier, being reduced to 306 day assignments with adjustment so that earnings will be the same as received for 365 days. The Carrier also cites awards which have been passed on similar claims governed by the Letter Agreement above referred to. See Awards 3420, 3550 and 3762.
Historically, the rate for the position in question, when created, was the same as that of ticket clerks. Any change in the rate was consummated by the Letter Agreement and did not change the rate but simply adjusted the same so that earnings for 306 days would equal the amount paid for 365 day assignments.
Therefore, in the opinion of the Board, Rule 50 does not apply in the instant situation.
The Organization argues that there is a difference in the duties of the jobs in question. However, the entire matter reverts to the rate paid at the time of creation of the position and the fact that the Letter Agreement did not differentiate between the positions under consideration but adjusted earnings on the basis of reduction of a 365 day assignment to one of 306 days. 4163-15 525