(Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 PARTIES TO DISPUTE:
 (The Detroit and Toledo Shore Line Railroad Company

1. The Carrier violated the effective Clerks' Agreement when it arbitrarily and improperly established Job No. 721, Chief Clerk, and bulletined it as "New-Under Excepted Rule 1(e)".

 2. The Carrier shall now be required to establish, through negotiations, a proper rate of pay for Job No. 721, Chief Clerk.

 3. The Carrier shall now be required, after the proper rate of pay is established for Job No. 721, to bulletin and award said position in accordance with Rules
4. The Carrier shall now be required to compensate Clerk Mary C. Del Brocco and/or her successor or successors in interest; namely, any other employe who may have stood in the same status as claimant, and who was adversely affected, the difference between the rate of pay of Job No. 721, established through negotiations, and the rate of pay of her present position, Rate and Bill Clerk No. 1 ($43.4944 per day) or any other position she may subsequently ac established for Job No. 721 by negotiations, commencing with March 29, 1974 and for each and every day thereafter, five days per week, Monday through Friday, that a like violation occurs.

 5. The Carrier shall now be required to compensate Clerk M. E. Hablitzel and/or his successor or successors in interest; namely, any other employe who may have stood in the same status as claimant, and who was adversely affected, for the difference between the rate of pay of Job No. 721 established through negotiation and the rate of pay of Job No. 721 ($45.0800) unilaterally established by the Carrier, commencing March 29, 1974 and for each and every day thereafter that he is denied the negotiated rate of Job No. 721.

 6. The Carrier shall now be required to compensate all other employes who were adversely affected, for the difference between the rate of pay they received and that which they would have received had the


Carrier properly established a rate of pay by negotiations for Job No. 721 and bulletined said position in accordance with Rules 9 and 10 of the applicable Agreement, to be determined by a joint check of the Carrier's records, commencing March 29, 1974 and for each and every day thereafter that a like violation occurs.

 OPINION OF BOARD: All of the issues involved in this case were
 previously presented, considered and dismissed in
 Award Nos. 21274, 21275, 21276 (Sickles) of this Division. We have
 reviewed all of these prior Awards and find them to be controlling in
 this instance. Therefore, we will dismiss for failure of proof.

        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 claim be dismissed for failure of proof.


                    A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD 4q.4-2, By Order of Third Division


ATTEST:
        Executive Secretary


        Dated at Chicago, Illinois, this 18th day of February 1977.


                                        P