Copies of all of the Decisions cited above are attached for ready reference. Even if by any stretch of the imagination the additional duty, if it may be so called, of denoting car number and transfer point by crayon on traffic loaded by Loading Sorters, can be considered higher rated work, the decisions cited definitely dispose of any claim that Rule 80 has been violated. The facts speak for themselves. Employes have completely failed to show that Rules 79, 79-A and 80, or any other rule of the Agreement, have been violated, and the claim should be denied.
All evidence and data set forth have been considered by the parties in correspondence and conference.
OPINION OF BOARD: Claimants were employes of the Carrier, assigned to duties as Loading Sorters, Forwarding Department, at Pier 14, San Francisco, California. The salary for Loading Sorters was $263.00 per month, with duties and qualifications bulletined as follows:
June 1, 1948, new roster and route books were put into effect. They were issued to claimants, and claimants were instructed to mark on each piece of express the car number and transfer point, if any. This was in addition to their duties performed prior to June 1, 148.
The claimants contend that the requirement by the Carrier of marking express with the car number and transfer point, if any, required them to perform the duties of a Freight Director, a igher rated position, and therefore they were entitled to a Freight Director's pay. A Freight Director's position is rated at $268.00 per month, with duties and qualifications bulletined as follows:
The record reveals that a Freight Director's duties required him to know the routing of traffic throughout the United States. When express came to the Freight Director he would ascertain the route over which the freight was to travel, and then mark on the express the house section to which it was to go. There were ten (10) house sections in the Forwarding Department at Pier 14. The Freight Director would place a number from 1 to 10 on each piece of express. He would place the express on the truck numbered according to his section. Prior to June 1, 1948, the Freight Director-also marked the destination of the shipment. 6129-15 '32l
The Loading Sorter's duties prior to June 1, 1948, required him to remove the express from the conveyor, note the number marked thereon, and then load the express on the corresponding numbered truck or trailer in his house section. Loading Sorters work at different house sections when required. Since June 1, 1948, in addition, the Loading Sorters were required to know the actual route over which the express shipment would travel to its destination. They must know the car number in which the shipment was to be placed, and whether or not it would require transfer. They would mark on each piece of express, with crayon, the car number and the transfer point symbol.
From the facts as presented, we must decide whether or not the Loading Sorters were performing work of a higher rated position. It is well settled that it is not necessary for one to perform all of the duties and responsibilities of the higher rated position to be entitled to pay at the higher rate.
The bulletined duties of the Loading Sorter, among other things, required him to "understand roster and schedules." The bulletined duties of the Freight Director, among other things, required that he "must be thoroughly familiar with routing schedules and current train rosters."
The facts of this case show that Loading Sorters, since June 1, 1948, were required to be thoroughly familiar with the routing schedules and current train rosters. They were required to be physically able to handle express, and, by the marking of the car number and the transfer point, they were dispatching traffic. If a mistake was made in the dispatch of traffic because of a wrong car number or transfer point, the responsibility would have been the Loading Sorter's.
We believe the Loading Sorters were substantially performing the duties and responsibilities of the higher rated position, that of Freight Director.
Rule 80 of the Agreement, Preservation of Rates, was violated when the Loading Sorters were assigned substantially the same duties and responsibilities performed by the Freight Director.
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