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

1. The Carrier violated and continues to violate the effective Clerks' Agreement when it removed work from Marketing Department Rate Clerk Position in Seniority District No. 1 and assigned such work to the Assistant Chief Rate and Overcharge Claim Clerk in Accounting Department, Seniority District No. 2 without prior Agreement;

 2. The Carrier shall now be required to compensate Clerk Leonard Gewehr and/or his successor or successors in interest, namely, any other employe or employes who have stood in the status of claimant as occupant of Position AC-454 and as such were adversely affected, the difference between the rate of pay of Position AC-454 and the rate of pay of a Marketing Department Rate Clerk Position for each and every day thereafter, five days per week that a like violation occurs.

 OPINION OF BOARD: Clerical personnel of the Carrier are divided into four
 separate seniority districts. Districts 1 and 2 are in
 volved in the instant dispute. District 1 includes employes in the Marketing
 Department, and District 2 includes employes in the Accounting Department.

 The parties are not in disagreement concerning Rule 5 which prohibits the unilateral transfer of work from one seniority district to another and requires an Agreement to effect such a transfer.

 Prior to 1964, the Carrier maintained a position, FC 6, Freight Claim Investigator, in Seniority District 1, the duties of which are in part,
 "investigation of local overcharge make settlements with customers."

 The Carrier abolished this position, (FC 6), and established a new position in Seniority District 2, having gained an Agreement with the Organization. The new position identical to FC 6.

 Within Seniority District 1, in the Marketing Department, there were two positions, TR 4 and TR 5, Claim Rate Clerk and Assistant Claim Rate Clerk, whose responsibilities included "check end show rates and djv191=S ®E claims. 11


Within Seniority District 2 there was also a position, AC 244, Assistant Chief Rate Revision Clerk, which position included the auditing of rates, not the determination thereof.

 On January 28, 1969, the Carrier abolished positions AC 422 and AC 244, and established a new position, AC 454, Assistant Chief Rate and Overcharge Claim Clerk, which, in extent, was a combination of two Seniority District 2 positions, AC 244 and AC 422, into one and the same position. This position was awarded to employe Gonsoulin who held it until January 1971 when he vacated it. This position was subsequently held by the Claimant, Mr. Gewehr, who on September 20, 1974, was directed by memorandum to do rating of overcharge claims. The job description of this position, AC 454, includes
 -"auditing of rates... furnish rate information... handle correspondence concerning overcharge claims ...., investigate and make overcharge settlements with patrons.m.

 The Organization contends that the memorandum of September 20, 1974, requires the incumbent of AC 454, (Seniority District 2), to do work normally done by an employe in Seniority District 1. The job description of AC 454 does, indeed, relate to the rating of overcharge claims, "investigate and make overcharge settlements,'.' and thus, when said position was created and its job description promulgated, the Organization should have made the claim then, in 1969, rather than in 1974. The question of whether or not the employe began to do the work in 1969 is moot.

 The Agreement provides that a claim must be made within sixty (60) days of an alleged violation of the Agreement. The claim, therefore, is barred under the rule of latches.

        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 is barred.

                      Award Number 21588 Page 3

                      Docket Number CL-21489


                      A W A R D


        The claim is dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
                    -


        Executive SeetaryDatod at Chicago, Illinois, this 17th day of June 1977.