himself. The other claim clerk handled the accounting and reports, and did some selling. Claimant handled the checking in of the salvage and did some selling.

His rate of $18.41 covered the handling of salvage including selling which he had done since he was assigned to the position. He continued to handle his other assigned duties as he did when the Dallas salvage came into the freight house. Clearly his rate of $18.41 continued as his proper rate.

The Employes cite Rule 40-1, reading:

"40-1. Employees temporarily or permanently assigned to higher rated positions shall receive the higher rates while occupying such positions; employees temporarily assigned to lower rated positions shall not have their rates reduced."

Claimant was not assigned to a higher rated position either temporarily or permanently. He was filling his own position.

The Carrier respectfully submits there was no violation of rules, and requests that the claim be denied.

All data herein has been presented to Employes in correspondence or in conference.

(Exhibits not reproduced.)

OPINION OF BOARD: The sole issue properly raised for decision by this (locket is whether the employe has met the burden of producing sufficient facts to establish that he was performing higher rated duties while on duty in the Salvage Warehouse. We hold that he has:

It is well settled that it is not necessary for an employe to perform all of the duties and responsibilities of a higher rated position to be entitled to pay at the higher rate-6129, 751, 2270, 4339, 4545, 4669 and 5252.

The lower rated freight claim clerk duties were described in Advertisement No. 23, May 11, 1954 as:

. answer SWT and Rail correspondence, handle CB and FWD`. salvage, and assist Chief Clerk in all matters pertaining to claim work."

This was described in further detail by the employe in his statement of facts as:

. handling of correspondence in connection with freight claims, handling Fort Worth and Denver Railway salvage picked up and returned to the Carrier, handling with customers for disposition and settlement on damaged or lost merchandise, and assisting the Chief Claim Clerk in all matters pertaining to freight claim work . . .

The higher rated Claim Clerk in the Salvage Warehouse had his duties described in the advertisement bulletin as follows:

11. . . perform clerical work for the Salvage Agent, including listing of freight received by lot numbers and the recording of

amounts realized, making remittance statement of proceeds of sales

under the instructions of the Salvage Agent; assist in the handling

of freight from cars into warehouse, also in the warehouse, includ

ing delivery to purchaser and obtaining their acknowledgement of

the sales on regular sales form; and conduct private sale or auction

sale of salvage in absence of or on instructions of Salvage Agent

n

The employe showed that after his desk was moved from the Freight Office to the Salvage Warehouse he performed the following new duties: marking and pricing salvage, posting out salvage, check and price five cars and two road trucks every two weeks, selling salvage and making sales slips. on the salvage sold. It is significant to note that at the time of his physical relocation some of his work in the Freight Office was turned over to various other freight office clerks.

Although there is an obvious overlapping and duplication of the duties performed by freight claim clerks at the Dallas Office and the claim clerks at the Salvage Warehouse, we are satisfied on careful examination of the entire record that the duties performed by the employe Sanders while at the Salvage Warehouse included at least part of those formerly performed by the Salvage Warehouse Claim Clerk.

We note for the record that it is conceded that the Carrier's denial letter was timely.

The question of which seniority district should fill the Salvage Warehouse claim clerk position not having been raised on the property is not properly before us-Circular No. 1, 6954, 8426, 10738, 10904, 11005. The assertion by employe that his Statement of Claim fairly raises the seniority district issue is without merit since it is clearly a time claim. Employes Exhibit A-1 to this ex parts claim admits this.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing:

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

That the Carrier violated the Agreement.

AWARD