( EWeas and Station Employes PARTIES TO DISPUTE;

STATEMENT OF CLAM; Claim of the System Committee of the Brotherhood

(1) Carrier violated the Clerk-Telegrapher Agreement at Willard, Ohio, when effective Tuesday, February 17, 1976, it required Trace Clerk G. A. Shirey to perform higher-rated car distribution work, previously performed by incumbent of Chief Clerk position B-12, that location, without proper compensation, and

 (2) Crier shall, as a result, be required to compensate Claimant G. A. Shirey or any other occupant of Trace Clerk position 0109 at Willard, Ohio, the difference in rates of pay of Chief .Clerk position B-12, ($54.20 per day) and Trace Clerk position 0109, ($49.20 per day)(total of $5.00 per day), plus subsequent general wage increases, commencing February 17, 19'(6, and continuing for all subsequent dates until the violation ceaseat

 OPINION OF HOARD: The C3simant asserts that Carrier assigned
 certain "higher rated" duties and responsibilities to his position and although he did not assume all of the duties and responsibilities of that higher rated position, he nonetheless became entitled to an increased rate.









          "(b) A 'temporary assignment' contemplates the fulfillment of the duties and responsibilities of the position during the time occupied, whether the regular occupant of the position is absent or whether the temporary assignee does the work irrespective of the presence of the regular employee. Assisting a higher rated employee due to a temporary increase in the volume of word does not constitute a temporary assignment."


          "RULE 17


          Change in Duties and New Positions.


          When new positions are created, duties of existing positions materially changed or duties of existin positions changed. Prom one class to another, compensation will be fixed in conformity with the same class and character of positions as are specified in the wage scale for the portion of the division on which located, and the rules will apply to employees filling such positions; provided the entering of employees in the positions occupied in the service or changing their classification or work shall not operate to establish a less favorable rate of pay or condition of employment than is herein established. New rates of pay to be effective fern date first taken up by the representative of the employees.


          (It is understood that when increases are granted under the terms of this paragraph to certain positions on account op increased duties, such increases will be eliminated when the increased duties for which the increase wan granted are discontinued)."


while the Employes cite a number of Awards to us, those disputes dealt with a consideration of rules similar to Rule 16. But, that rule may not apply here because it refers to a situation where employes are "temporarily Assigned"; which is not our case. Whatever might be the effect of Carrier's action under Rule 17 may not be assessed in this ease becatyse there has clearly been no factual presentation made to Us to warrant a finding that said rule has been drawn.into.issue.
                    Award Number 22567 Page 3

                    Docket Number CL-22503


        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 not violated.


                      A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT HOARD

                            By Order of Third Division


ATTEST: ..
        Executive Secretary


Dated at Chicago, Illinois, this 16th day of October 1979.