(Brotherhood of Rallway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Southern Railway Co:.apany

(a) Carrier violated the agreement at Atlanta, Georgia, when it --efused to upgrade the rage of pay of the position of Special Head Clerk to conform to the rate paid °.cr commensurate duties; at Wa.nington, D. C.

 (b` Carrier shall be required to comp^_nsate Miss Looper at the rate of $1.00 per day for each work day beginning sixty days prior to the date of January 27, 1971, and continuing until the matter is brought to a conclusion.

 OPTNION OF P:;ARD: On June « , 1969, Carrier and Petitioner, BRAC, executed a
 Memorandum Agreement covering operational and organizational changes to be made in the 1F,:rchasing and Material Management Department, as a result of conference negotiations instituted by Carrier's notice of May 21, 1969 under Arti,~?e I'I, Section 2 of ti-.e so-called Job-stabilization Agreement of April 3, 190.`, establishment of three new clerical posii_ions in the Accounting Department-in Atlanta, Georgia, each with a nay rate of $29.3.' rer day. The June 20, 1969 i4emorandum Agreement also provided that all persons then employed in the Washington, D. C. office w established.

 Claimant, Miss Nancy M. Looper, then a Clerk in the Washington, D. C. office, applied for the Special Head Clerk position in Capital Accounting, Atlanta, with a $29.67 da as follows:

          "4. Preponderating duties: Assist in supervision and in

          struction of other employees in the pertormance of their

          duties.


          Process all documents, such as journal entries, vouchers, bills, invoic^s, and Valuation reports necessary to record road, equipment and all other property changes in accordance with the uniform System of Accounts and Valuation Orders as prescribed by the ICC or in accordance with sound accounting


          rinciples. Compile and maintain ICC and IRS depreciation records, and analyses, prepare and review statements related =hereto.

                    Award Number 20110 Page 2

                    Docket Number CL-20125


          "Review computer edits and control balances, prepare proper file maintenance and follow through to accomplish completed reports.


          Analyze accounts and prepare and/or review reports related to Capital Accounting."


Claimant was successful bidder for the above mentioned position and was assigned thereto by bulletin dated July 17, 1969.

 As of January 1971, Claimant's daily pay rate was $34.85, as a result of periodic general wage increases obtained by clerical employees on the property. On January 25 "that her rate of pay be increased one dollar per day to conform to the rate paid over a period of years for commensurate duties in Washington, D.C.", alleging that the rate was not transferred with the work from Washington to Atlanta. This request was filed under Rule 40 (b) of the revised Agreement between the parties, reading as follows:

            "Rule 40 -- Discipline and Grievances (Revised, effective October 1, 1938)


          (b) Employees feeling an injustice has been done them, or

          having a grievance, may always submit their case to their

          superior officer for consideration and review, and shall

          have the privilege of appealing to the next ranking officer,

          provided such appeal is made in writing within thirty (30)

          days after the reviewing officer has rendered his de

          cision."


Carrier has denied the claim on the grounds of untimeliness and because the rate and position both were established pursuant to the negotiated Memorandum Agreement proper channel for achieving modifications therein is through contract negotiations and not via the and ultimately an Award of this Board.

 It is well established that this Board has no jurisdiction to create new rates of pay. Under the circumstances here, since the rate was established pursuant to negotiated agreement, the proper remedy or technique for changes therein is parties under the Railway Labor Act. See Awards 2682 (Carter), 4123 (Robertson), 5093 (Coffey) 8748 Accordingly, the claim must be and is hereby dismissed.
                  Award Number 2u110 Page 3

                Docket Number CL-20125


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 ~;:i~ Div'si~.,, of the S,'ju-tr.ent Board has jurisdiction over the disputzt irvolved herein; and

        T1iaL ..tie claim should be dismissed.


                      A W .. TD


        Claim dismissed.


                        ,... i. r ' 1,L. _' ~' C.".D ADJUSTMENT BOARD

                        L order ~f Third Division


        ATTEST:_J~(./ r_~ uxecutiv-_ Se-retarv


Dated at Chica3o, _:linois, this 25th day ofJanuary, 1974,

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