1. Carrier violated and continues to violate the provisions of Article VIII of the February 25, 1971, Agreement, particularly Section 3 Paragraph (b) of said Article, when it failed or refused to establish the highest rate of pay of the positions involved when it abolished positions and created new ones a clerk work and functions at North Yards, Fort Worth, Texas.


        2. Carrier shall now be required to establish a rate of $4.8253 per hour on the positions of First Clerk-Operator, Second Clerk-Operator, Third Clerk-Operator, Relief Clerk-Operator No. 1, and the Relief Yard Clerk and Clerk Operator No. 2 for the days such position relieves a ClerkOperator position, subject


        3. Carrier shall now be required to compensate Messrs. T. C. Stockton, P. L. Smith, W. A. Brown, W. R. Craven and L. R. Dandy and/or their successors the difference between the rate of $4.6844 per hour and the rate of $4.8253 per hour effective April 3, 1972, and continuing until this violation is corrected and subject to all subsequent wage increases.


        OPINION OF BOARD: This claim involves the interpretation of Article VIII,

        Section 3(b) of the National Agreement of February 25,

        1971. Section 3(b) reads:


                "(b) When new positions are created and/or positions abolished as a result of the combining of such work and/or functions the rate of pay of the new or surviving positions will be no less than the highest rate of pay of the positions involved."


        Article VIII permitted Carrier to combine Clerks' and Telegraphers' positions under certain stated conditions. Those conditions were met here, and a combination of a number of positions at Carrier's FW & D North Yard at Fort Worth was accomplished on April 1, 1972. The positions prior to combination were:


,i
                Award Number 20503 Page 2

                Docket Number CL-20541


        Clerical Rate of Pay

        Hourly Daily

        Chief Yard Clerk $38.10

        First Chief Yard Clerk 36.07

        Second Chief Yard Clerk 36.07

        Third Chief Yard Clerk 36.07

        Relief Chief Yard Clerk No. 1 36.07

        Relief Yard Clerk-Chief Yard Clerk No. 2 34.88 and 36.0

        First Yard Clerk 34.88

        Second Yard Clerk 34.88

        Third Yard Clerk 34.88

        General Clerk 35.63

        Porter $4.0130

        Telegraphers Hourl

        Working Wire Chief-Telegrapher $4.8253

        Telegrapher 4.6844

        Telegrapher 4.6844

        Relief Telegrapher-Working Wire Chief-Telegrapher 4.6844 and 4.8

        Wichita Falls-Fort Worth Relief Telegrapher 4.6844

        (headquartered at Wichita Falls and relieved

        there 4 days and 1 day at Fort Worth)

        The combined positions are:

        Rate of Pay

        Hourl Daily


        Chief Yard Clerk $38.10

        First Clerk-Operator $4.6844 37.48

        Second Clerk-Operator 4.6844 37.48

        Third Clerk-Operator 4.6844 37.48

        Relief Clerk-Operator No. 1 4.6844 37.48

        Relief Yard Clerk & Clerk-Operator No. 2 4.6844 34.88 and 37.4

        First Yard Clerk 34.88

        Third Yard Clerk 34.88

        General Clerk 35.63

        Porter 4.0130


A literal reading of Section 3(b) makes it clear that the "rate of pay of the new or surviving position will be no less than the highest rate of pay of the positions involved." This is clear language which shows that the parties intended to resolve the question of pay for new or combined positions by extending to th
                Award Number 20503 Page 3

                Docket Number CL-20541


There is no question here that Working Wire Chief-Telegrapher was one of the positions involved and that it carried the highest rate of pay of any involved position. Carrier asserts that the incumbent, while carrying the job title and rate of the position was not actually performing the duties normally associated with it. As a consequence, Carrier says, none of the duties of Working Wire Chief-Telegrapher can be found in the combined or new positions. Carrier relys on cases, which have been decided under dissimilar rules, that hold that one who claims the rate of a position must show that he or sh
The principle involved in those cases has no application here. The applicable language is quite clear. When a combination of positions is undertaken the new or surviving positions will carry, at least, the rate of pay of the highest rated position involved. There is no room here for the factual inquiry Carrier wishes the Board to undertake. First, there is no requirement that the Organization show what duties have survived. Second, Carrier cannot avoid the clear requirement of Section 3(b) by showing that a position's duties had not, in fact, been performed by the incumbent or that they are not being performed by some or all of the combined positions.

 The rule is one by which the parties intended to obviate all such inquiries. Where, as here, the facts show that a combination, such as Section 3(b) permits and conte but to apply the rule as it is written. In this case the result is that the claim must be sustained.

        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 IIA14 *444444L , By Order of Third Division


        ATTEST: Executive Secretary


Dated at Chicago, Illinois, this 8th day of November 1974.