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



(1) The Carrier violated the Agreement between the parties when, beginning March 21, 1975, it required incumbents of six- Clerical positions at Hamilton, Ohio to copy train orders, and

 (2) Carrier shall increase rates of pay of involved six (6) Clerical positions at Hamilton, Ohio to $43.47 per day subsequent general wage increases, effective March 21, 1975.

(1) The Carrier violated the Agreement between the parties at Willard, Ohio, beginning February 15, 1976, when it required Telegraphers at "J" Tower to check trains, and

 (2) Carrier shall increase rates of pay attached to positions of Telegrapher at "J" Tower, Willard, Ohio in the amount of 85 cents per day, plus all subsequent general wage increases, effective February 15, 1976.

 OPINION OF BOARD: In this case Carrier blended some Clerk/Telegrapher
 duties when it required yard clerks to become
 qualified with the Book of Operating Rules and on occasion to handle
 "slow orders". The Organization alleges violation of Article VIII of
 the February 25, 1971 National Agreement as well as Rules 16 and 17 of
 the June 4, 1973 Agreement. The essential operative conditions for
 invoking those respective contractual provisions are not established
 on this record, to wit: creation of new positions and/or abolishment
 of positions as a result of combining these duties. Nor can we find
                  Award Number 22666 Page 2

                  Docket Number CL-22261


herein that duties of existing positions were materially changed. Accordingly, there is no contract support for the claims and they must be denied.

        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 denied. -


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: ~~ ~/~
 Executive Secretary

 Dated at Chicago, Illinois, this 14th day of December 1979.