( Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
 (GL-7400) that:

 (1) The Carrier violated the Agreement when it abolished the position of Secretary, Medical Department, rate $42.53 per day at Detroit, Michigan, effective September 25, 1972, and created in lieu thereof, effective September 26, 1972, a position of Stenographer, rate $38.13 per day involving substantially the same duties which had theretofore been performed by the S (2) Mrs. Audrey Rounding shall now be compensated for the difference between salary $42.53 per day and $38.13 per day for September 26, 1972 and each subseque The aforementioned rates have been adjusted to conform with National Wage Adjustments.

 OPINION OF BOARD: Prior to July 23, 1971, there were two positions on
 the Medical Department Staff at Detroit, Michigan;
 a Secretary position and a Stenographic-Clerk position at a lower rate.

 The duties of the Secretary position required taking medical terminology dictation from Carrier's Chief Medical Officer and his Assistant. The Secretary shared the general office work with the Stenographer-Clerk, who performed r office receptionist, routine typing of office correspondence from handwritten letters and non-medica
On July 23, 1971, the Stenographer position was abolished and the Secretarial position assumed the work of both positions. On September 11, 1972, the Secretary po by bulletin, but no qualified bids were received.

 On September 19, 1972, the Secretarial position was abolished and the Carrier reestablished the form effective September 26, 1972.


After appointment to the position, Claimant sought the difference in pay of the Stenographer position, and the Secretary position.

 The Organization cites and relies, primarily, on Rule 60 and 61:

        "RULE 60 -- ADJUSTMENT OF RATES


        Established positions will not be discontinued and new ones created under the same or different titles covering relatively the same class or grade of work, which will have the effect of reducing the rate of pay or evading the application of these rules.


        RULE 61 -- NEW POSITIONS


        The wages for new positions shall be in conformity with the wages for positions of similar kind or class in the seniority district where created. When there are no positions of similar kind or class where the new position or positions are created the rates of pay will be fixed by negotiation and agreement between the supervising officer and the General Chairman."


The Carrier has noted that the Organization failed to file a rebuttal statement to Carrier's ex parts submission and has cited a number of Awards which have held that such a failure leaves material factual statements uncontroverted and undenied (Awards 19927, 19848, and First Division Awards 22230, 22231, among others). But, the Board does not feel that the cited authority disposes of the claim. We do not feel that there is a severe factual dispute. Moreover, acceptance of all material facts outlined in the Carrier's ex parts submission frames an issue. We do not read the cited Awards as requiring us to accept Carrier's conclusionary recitations as being established.

 The material factual statements listed above are taken from Carrier's ex parts submission. In addition, we will also find the following.

 Carrier advertised for a Medical Secretary in a local newspaper and in a trade paper, but receiv applications were received, the office procedures were revised and the Medical Officers started dictating into a dictaphone machine. We will also conclude that the Clinic Manager is in charge of the office
                  Award Number 20474 Page 3

                  Docket Number CL-20490


and not the Secretary, and that the present Claimant is not proficient in taking shorthand.

        Claimant relies upon certain Awards which have interpreted

agreement language quite similar to Rule 60 as not requiring a showing
 that all work is being performed by the new position in order to sus
 tain 7 -claim. See, for example, Awards 19575, 4078 and 6870. We
 also note that Award 4688 found very little difference in a Secre
 tary's use of shorthand vs. typing from a mechanical device.

 The Board has fully considered the denial Awards cited by Carrier, such as 5093, 8748, 9212 and 1784, among others, but we feel that the Awards may be read in harmony. In essence, determinations have been made under the factual circumstances of each record, and as we read Rules 60 and 61, we feel that such an ad hoc review is required in each case. In short, in order to sustain a claim, we must find the same class or grade of work, or the similar kind or class.

 The main thrust of Carrier's defense appears to be the fact that taking dictation by shorthand has completely disappeared from the job. While that appears to be the case, the record is. equally clear that it has been replaced by a dictaphone machine, and , the record shows that the Claimant types from the machine and that medical terminology is used.

 Noting the Awards cited above, and noting that the Rules refer to similar kinds of duties and the same class or grade of work, we are not able to conclude that Carrier has established that replacing of shorthand procedures with materially altered the position. Nor are we able to find anything of record to support Carrier's conclusion that it is "...reasonable to understand that the efficiency and productivity would drop noticeably when the Medical Officers were machine exclusively." To the contrary, absent some showing of record, we would find it reasonable to understand that when two or more people use the same Secretary, efficiency and productivity increases when mechanical dictating equipment is properly used.

 We are not unmindful of Carrier's difficulty in obtaining the type of employee it sought originally, but that factor does not warrant an Agreement violation.

 Finally, we note the Carrier's assertion that " ..the Stenographer not being trained in medical terminology would have to employ the assistance of the Clinic Manager for translations and spelling of technical words." We feel that the above assertion
                        Award Number 20474 Page 4

                        Docket Number CL-20490


        deals more with the qualifications of the employee; not the proper requirements of the job. Rule 57 requires that positions (not employees) shall be rated.


        The qualifications of a particular incumbent cannot control. Rather, the requirements of the pos Substitution of mechanical dictating equipment for shorthand did not authorize a deviation from the requirements of Rule 60.


        We are not unmindful of Carrier's admonition that this Board has no authority to establish a new position, or re-create an old one. But this Award does not do that. Rather, it sustains a claim for a violation of a specific Rule, and rectifies a breach of Rule 60.


                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 Agreement was violated.


                            A W A R D


                Claim sustained.


                                  NATIONAL RAILROAD ADJUSTMENT BOARD

                                  By Order of Third Division

        ATTEST: ~~'~wvs~

                xecutive Secretary


        Dated at Chicago, Illinois, this 25th day of October 1974.


I _.
                      CARRIER MISERS' DISSENT TO AWARD N0. 20474 -


                      DOCKET N0. CL-20490 - (REFEREE SICKLES)


                  In the Opinion of Board, it is stated:


                      "On July 23, 1971, the Stenographer position was abolished and the Secretarial position assumed both positions. On September 11, 1972, the Secretary position became vacant. It was advertised by bulletin, but no qualified bids were received.


                      "On September 19, 1972, the Secretarial position was abolished and the Carrier reestablished the former Stenographic position effective September 26, 1972."


                  It is further stated:


                      ."The qualifications of a particular incumbent cannot control. Rather, the requirements of the position dictate the result.


                  Despite the above, the majority sustained the claim stating the Car-

( rier violated Rule 60. Rule 60 reads:

                      "RULE 60 - ADJUSTMENT OF RATES


                      "Established positions will not be discontinued and new ones created under the same or different titles covering relatively the same class or grade of work, which will have the effect of reducing the rate of pay or evading the application of these rules."


                  Webster's Seventh New Collegiate Dictionary states:


                                  "Stenographer - Writer of shorthand; one employed chiefly to take and transcribe dictation."


      I

                  _ 2 _


              "Secretary _ One entrusted with the secrets or confidences of a superior; Confidant; An officer of a business concern who may keep records of directors' and stockholders' meetings; One employed to handle correspondence and manage routine and detail work for a superior."


The Award is erroneous and we dissent.

 H. F. M. Braidwood

 F. C. Carter

 W. B. J~oneip
        J


G. L. Naylor

C g, L"

Go M.Yuhn