STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5735) that:
(a) The Carrier violated the Clerical Agreement on the date of May 1, 1963, and has on each work day since May 1, 1963, violated the Agreement by requiring and permitting Miss Mildred Westbrook and Mrs. A. C. Ransom, Key Punch Operators, Machine Accounting Bureau, Office of Director, Revenue Accounting, Atlanta, Georgia, to perform for a minimum of four (4) hours daily higher rated duties that are assigned to Head Clerks, Mrs. Henrietta Maag and Mrs. Mary Milner, respectively.
(b) Claimant Mildred Westbrook shall for four (4) hours daily be paid the difference in her daily rate of $19.37 and that of Mrs. Henrietta Maag's a $22.99 per day Head Clerk position, commencing May 1, 1963, and continuing until such time as the rules violation is discontinued.
EMPLOYES' STATEMENT OF FACTS: Miss Mildred Westbrook is a Key Punch Operator in the Machine Accounting Bureau, Office of Director, Revenue Accounting, Atlanta, Georgia, and has a seniority date of October 16,1929.
Mrs. A. C. Ransom is a Key Punch Operator in the Machine Accounting Bureau, Office of Director, Revenue Accounting, Atlanta, Georgia, and has a seniority date of February 16, 1929 (No. 2).
Mrs. Henrietta Maag and Mrs. Mary Milner are Head Clerks in the keypunch section of the Machine Accounting Bureau, Office of Director, Revenue Accounting, Atlanta, Georgia, and have daily rates of pay of $22.99 and $23.49, respectively.
OPINION OF BOARD: Organization predicates its claim here on its assertion that it requires and permits Claimant Keypunch Operators "to perform for a minimum of four hours daily higher rated duties" that are assigned to Head Clerks Mrs Henrietta Maag and Mrs. Mary Milner, respectively.
It is stated by Carrier that for some years it has been a practice for various Keypunch Operators to "assist daily in the minor details of separating and arranging the various classes of work papers for processing after they arrive in the Section."
Admittedly such assistance cannot now be held to constitute working in the position of Head Clerk.
"To supervise the activities of Keypunch Department. Ability to teach others in operation and programming of the machines is essential."
The Organization has clearly failed to meet its burden of proving Carrier practice complained of violated the Agreement.
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: