(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (The Western Pacific Railroad Company

1. The Western Pacific Railroad Company violated the Letter of Understanding dated August 18, 1965, A-111-Rev. of Schedule rule 2(6) when it arbitrarily abolished and consolidated the position of the Oakland Switching Clerk and assigned the duties of Timekeeping to the Assistant Agent.

 2. The Western Pacific Railroad Company shall now be required to allow Mr. D. Cartagena eight (8) hours pay at the pro rata rate from December 8, 1976, until February 16, 1977 at which time the Agent, Mr. G. S. Nilsson issued instructions to all employes to record their am payroll record.

 OPINION OF BOARD: Before going to the merits of this claim we must
 dispose of a procedural argument advanced by the
 Carrier that the claim before us is out of time. In January, 1975,
 the Carrier transferred certain pay (time-keeping) work from a fully
 covered position to a partially exempt position. This transfer of
 work the Organization argues, violated the Letter of Understanding of
 August 18, 1965 wherein the parties agreed that work would not be
 transferred from fully covered jobs to partially exempt jobs. On
 March 25, 1975 the Organization filed a claim that this transfer
 violated the agreement. This claim was handled to the Carrier's
 highest officer and was denied by him on August 29, 1975. Thereafter
 the matter was permitted to lapse.

 The claim we have before us was filed on February 5, 1977. That claim, as we see it, involves the same transfer of work that occurred in January, 1975. The Carrier argues that because it involves the same transfer that occurred in January, 1975, and this


transfer was covered by the claim that was filed on March 25, 1975 and permitted to default, the instant claim is barred.

 We agree. Only one transfer of work occurred. This transfer it is alleged, violated the proscription in the Letter of Understanding of August 18, 1965 against transferring work from fully covered jobs to partially excepted jobs. A claim was filed but was not progressed. A new claim cannot be progressed because it is factually not a similar claim, which might be meritable, but the same claim.

        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. = ;_ J

        A W A R D `

        ~CV Ay ti t_ ·,

        Claim denied.


                                  ,\ sCh;.


NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division


ATTEST:
 Executive Secretary

 Dated at Chicago, Illinois, this 9th day of November 1979.