(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Southern Railway Company

(a) The Carrier violated the Agreement at Morganton, North Carolina, when it transferred the work of billing car-load shipments, taking orders and ordering empty cars, as well as handling telephone calls for shippers from Agent's position at Glen Alpine, North Carolina, to Yard Clerk's position at Morganton, North Carolina, without allowing appropriate rate adjustment.

 (b) The Carrier shall compensate Mr. J. A. Ervin, Yard Clerk, Morganton, North Carolina, the differe day, and Agent's rate of $20.52 per day at Glen Alpine, North Carolina, for October 2, 1964, and each date thereafter that Mr. Ervin is required to perform higher rated duties of the Agent.

 OPINION OF BOARD: This dispute arose at Morganton, North Carolina. Carrier
 removed certain work from the Agent's position at Glen
 Alpine, North Carolina, and assigned it to the Yard Clerk's position at Mor
 ganton. Petitioner is contending that the rate of pay of the Yard Clerk should
 be increased from the then present rate of $19.37 per day to the then Agent's
 rate of $20.52 per day, a difference of $1.15 per day, basing their contention
 on the Preservation of Rates rule, Rule 46, of the current Agreement.

 The Board has ruled in many instances, that, in attempting to preserve certain rates, the comparison scope of one Agreement, not by comparing the rate of a position of one craft or class covered by one Agreement with the rate of a position of another craft or class covered by another Agreement. Petitioner has failed to present probative evidence to prove rated position within the meaning of Rule 46 under the Clerks' Agreement. The claim will be dismissed for lack of proof.

 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

        That the claim be dismissed.


                    A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division

ATTEST: Ca. A:Z~

        Executive Secretary


Dated at Chicago, Illinois, this 25th day of May 1972.

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