2. Carrier shall be required to compensate the claimants named in Column 4, or their reliefs or successors, in the amount of a day's pay of eight (8) hours, at the rate of the closed station they have been forced to "service" beginning on the date listed in Column 1, and continuing thereafter on a day-to-day basis until the violations are corrected.

EMPLOYES' STATEMENT OF FACTS: The Agreements between the parties are available to your Board and by this reference are made a part hereof.

On the dates listed in Column 1 of paragraph 1 of the Statement of Claim, this Carrier closed the stations listed in Column 2, transferred and assigned the work, duties and responsibilities of the closed stations to the agent-telegrapher at the stations listed in Column 3.

The gross revenue of the stations closed is shown in ORT Exhibits Nos. 1, 2 and 3. The range is from $14,436.00 to $52,304.00 on the Rock Island Division; $6,945.00 to $79,741.00 on the Des Moines Division; $8,884.00 to $71,207.00

27 In summary, the Carrier submits:

1. The Carrier fully complied with ORDER A-5788 of the Iowa Commerce Commission.

2. The Carrier fully complied with its contract with The Order of Railroad Telegraphers.

3. The exception the employes take to Carrier's action is to complain about more work being added to the agent-telegrapher at the so-called servicing station. The Carrier asserts positively that the telegrapher's work which was formerly performed at the closed station is now being performed by employes represented by the craft doing the complaining. The Carrier is simply asking for a day's work for a day's pay.

4. Because neither the facts in the case nor the applicable agreement support the employes' allegation that the Carrier ". . . established a less favorable condition of employment . . ", we respectfully request your Board so hold by issuing a denial award.

(Exhibits not reproduced.)

OPINION OF BOARD: The Carrier, acting under authorization of the Iowa State Commerce Commission, closed the stations listed in the employes ex parts submission and required the servicing stations listed therein to perform the work of the closed stations.

This claim is brought in behalf of the agent-telegraphers at the servicing stations and concerns an interpretation of Rule 7 of the Agreement, which reads as follows:

"RULE 7-RATES OF PAY TO BE MAINTAINED

The entering of employes into existing positions or the changing of their classification or work shall not operate to establish a less favorable rate of pay or condition of employment than is herein established."

At the risk of over-simplifying the respective positions of the Claimants and the Carrier, the Board understands the controversy to be as follows: The employes alleged that when the total work load of the closed stations was assigned, lump sum, to the respective servicing stations, it created a less favorable condition of employment than the agent-telegraphers had bargained for under the agreement. The Carrier maintains that the agent-telegrapher bargained for eight hours of work at a stipulated rate of pay and that such additional work, admittedly performed within the eight hour working day, does not create a less favorable condition of employment, but is actually a proper assignment of duties under the agreement.

The record indicates that the servicing agent is able to complete his previously assigned work and the additional duties, well within the given eight hour period.

Although the servicing agents are admittedly performing additional work over and above that which they were performing prior to the stations being

That the parties waived oral hearing;

That the Agreement was not violated.

AWARD Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary