pay because it is and has been an established rate of pay throughout the years.

(Exhibits not reproduced.)

OPINION OF BOARD: Under date of June 4, 1954, the Bureau bulletined a "New position", Position No. 219, with the title of "Inspector" with location at "Montgomery Ward and Company, and Sears Roebuck and Company, Kansas City, Missouri," plus "making loss and damage inspections at adjacent firms." At that time it abolished two positions of "Inspector"; one at Montgomery Ward, the other at Sears.

As of June 4, 1954 the Bureau had, in the same seniority district, two existing positions, Nos. 205 and 206, of "Roving Freight Inspector" in Kansas City, Missouri.

Petitioner alleges that the duties of Position No. 219 are similar to the duties of Positions Nos. 205 and 206 and the wages for the "new position" No. 219 should be in conformity with the wages for Positions Nos. 205 and 206. It prays that the Board so decide and award the initial holder of Position No. 219, H. C. Downs, and his successors in that position the difference in wages each received while in Position No. 219 and what each would have received had the wages been in conformity with the wages for Positions Nos. 205 and 206. In addition, petitioner prays that the Bureau be required to again bulletin Position No. 219 "at the correct rate so that senior employes can exercise their seniority accordingly."

The issue before the Board is whether the duties of Positions Nos. 219, 205 and 206 are "similar kind or class." We are concerned, therefore, only with comparing the duties of these particular positions to resolve whether they are "similar." We are not concerned with job titles or the duties of the abolished positions.

The de facto duties of Position No. 219 are found in a Joint Statement of Facts, executed by the parties on October 5, 1955, which is as follows:

"JOINT STATEMENT OF FACTS

"OF DUTIES AND RESPONSIBILITIES ASSIGNED TO POSITION NO. 219, INSPECTOR, MONTGOMERY WARD AND COMPANY-SEARS, ROEBUCK AND COMPANY, KANSAS CITY, MISSOURI, NOW ASSIGNED TO H. C. DOWNS.

"It is agreed by the parties signatory hereto that the duties and responsibilities of the position referred to above include the following:

"Checking LCL and C/L freight bills and bills of lading for proper descriptions. Making inspections on shipments improperly described, correcting the billing on same, and issuing Form CS-47 corrections.

"Obtaining weights on C/L shipments which had not been track scaled, also verifying shipper's weights as shown on C/L waybills or bills of lading on cars which had not been track scaled nor moving under Weight Agreements.

"Investigation of claims pertaining to description and weight.

"Calling on the above firms and instructing them as to the proper method of describing their shipments in accordance with Classification or Tariff descriptions.

"Calling on the above firms in regard to marking and packing, also non-regulation containers or packages as found in the shipping or receiving houses, which do not comply with rules in C.F.C. No. 20 and U.F.C. No. 3.

"Making inspections at the above firms on cars as to their condition, also the loading, blocking and bracing of same, making suggestions as to the method of loading or bracing. Making loss and damage inspections at the above firms and adjacent firms.

"Signed this 5th day of October, 1955

"FOR THE BROTHERHOOD OF RAILWAY CLERKS

FOR THE WESTERN WEIGHING & INSPECTION BUREAU

/s/ L. C. Bell /s/ F. C. Schumacher

General Chairman District Manager"

"Several years ago when it was the practice to use trap cars in delivery service all the receipts were checked against listings and receipts mailed to agents. This is now obsolete as the L.C.L. freight is now delivered by contract draymen or railway trucks who give the railways a receipt and take a receipt from the consignee.

"The other activities are performed other than the adjacent outside calls for loss and damage inspections which I am advised would be handled by other loss and damage inspectors.

"In the many years as an industry inspector it has generally been accepted by the railroad employes and these firms that anything which pertains to railroad business should be handled by the inspector and is usually referred to the inspector for handling.

"My experience as a Roving Inspector furnished a general knowledge of the various duties of a Roving Inspector, Pick Up and Delivery Inspector and Loss and Damage inspectors. The position at Sears Roebuck Co. and Montgomery Ward Co. require the ability and also require the per=formance, with less time allotted to each activity, of all these positions except that part which pertains to checking contract drayman warehouses.

"There is no material difference in the work at Sears Roebuck Co. and Montgomery Ward Co. other than the combination of the two places make more of it. Checking inbound carloads at time set for condition of load and bracing and making and reporting loss and damage inspections require most of the time which must be handled at the convenience of the firms, the other activities which can only be performed as required consist in a general way of Investigation of claims, Classification inspections. Matching OSD's. Assist revising clerks and roving inspectors in classification and weights. Inspection of part unload cars for proper condition to forward. Handle with shipper through these firms for better car loading and bracing. Assist the firms traffic departments with classification and tariff descriptions. At Montgomery Ward Co. furnish correct classification description on carload consolidated shipments before shipped.

"These and various other items which are handled from time to time all of which are sandwiched in between time spent in checking condition of inbound car loading and bracing and making loss and damage inspections which is given priority, therefore, it is hardly possible to designate the time spent on each. In complying with your letter have endeavored to furnish you with the information requested, however it should be understood that I was fully cognizant of all of the conditions of the position and rate of salary when I placed my application.

"Yours truly