Martin 8. Scbein=a, Referee (BrOtof , Airline and ( Steamship Clerks, freight Handlers, ` Earns and Station Employee . PARTIES TO DISPUTE: (The Baltimore and Ohio Rai7_r~-.

                                     STATEMMT Or CLIP: "CIsdm of the Sratan Cp=jttee_ot_the _
                                     Brod () : _. .

                                     (1) Carrier violated the Agreement between the pies when; on December 7, 1976, it materially changed the dies of car Shop clerk, position C-28 at Willard, Ohio, and refused to adtst the rate of pay attached to the position, and

                            Because of such impsnr;etyj Carrier shall be d

                  effective December 7, 1976, to increase the rate of pay of Car Sbop Cleric,
                                     position C-28, Incumbent C. J. Zeller and her successors on the position,
                                     in the amount of $3.27 each snbseqaent work-date."

                                     OPINION CF BOARDO Under date of October 12, 1976, Carrier is Bulletin
                                     _ Ho. 47 advertised the position in dispute here.

                        It stated:


                        "7. Car Clerk, Car shop Wiliam, Ohio - Job C-28 8:00 A.M. to 4:30 P.M. 30 minute lunch, Rate $50.75 Rest Days Sates and Sunday Vice A. Miller."


                        The successful applicant for Car:Clerk position C-28, as described

                  in Bulletin Ho. 47, was removed from the position after 30 working days account
                                     disqualification. Carrier again advertised the position under date of December 7th,
                                     1976, in Bulletin Ho. 56. Bulletin Ho. 56 stated: _

                        "1. Car Clerk, Car Shop Willard, Ohio, Job C-28 8:00 A.M. - 4 :30 P.M. 30 minutes lunch, Rate $50.75 Rest days Sates - Sunday Vice A. Miller Must be qualified stenographer, have knowledge of car department records, reports and files.. Applicant send bids to R. Ruclman, Car Shop W illard."

                                  Award Number 23021 page

                                  Docket Humber CL-23o85


                  The Organization claims that Carrier violated the Agreement when it changed the duties of Car Shop Clerk, Position C-28, without adjusting the rate of par attached to the position. The Employes argue that Rules 16, 17 and 20 have been violated.

                                        '"RULE 16


                        Preservation of Rates.


                        (a) Employees temporarily assigned to higher rated positions, shall receive the higher rates for four (4) hours' work or less,


                        and if held on such positions in excess of four (4) hours, a of eight (8) hours at the higher ra

                        orarily assigned to lower rated positions shall not have their

                        rates reduced.


                        (b) A 'temporary assignment' contemplates the fulfillment of the


                        whether of the position during the time occupied,

                        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 temp

                        orary increase in the volume of work 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 existing positions changed from one class to another, compensation will be fixe 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 pay or condition of employment than is herein established. New rates of pay to be effective from 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 of increased duties, such increases will be eliminated when the increased duties for which the increase was granted are discontinued.)"

                              - Award H®ber 23021 page 3

                              Docket Ntnber CIr23085

                              "aora 20

                        Rates.


                        Established positions shall not be discontinued and new ones created covering relatively the same class of work which will result in reducing rates of pay or evading the application of these rules."


                  The Organization asks that Clslmu+, C. J. Keller, the in. cUMbeat of Position C-28, and her successors to that position receive $3.27 for each work date in the position.

                                     Carrier, on the other band, insists that the claim is witbont merit. It maintains that the Job Was Unchanged as the work assigned to the position remained the same. Specifically, Carrier argues that the incumbent of Position C-28 Was, at no time coed up= to perform stenographic duties. It asserts that the word stenographer vas included in Bulletin Ho. 56 only to assure that the successful applicant was a competent typist.

                                     The Organization cited Rules 16 and 20 in its handling on the property as well as in its submission to this Hoard. Rule 16, Preservation of Rates, addresses the situation where there is a temporary assignment to ahighes rated position. The facts here have nothing to do with a temporary assignment. As such, Rule 16 is inapplicable. Similarly., Role 20 bas no application to the facts presented. It addresses the situation where a position is discontinued or where the rate of a position is reduced. Neither of theme contingencies arise in this dispute.

                                     Thus, Rule 17, Changes in Duties and Hew Positions, is the applicable rule. It addresses the situation alleged here - that an existing position was materially changed.

                                     A review of evidence presented establishes that Carrier did violate Rule 17. We are convinced, regardless of Carrier's motive for placing the requirement into Bulletin Ho. 56, that the requirement of the applicant be qualified as a stenographer materially changed the duties of Position C-28. After all, the skills required of a stenographer are high
                                                                      ·


                  than those of a typist. A stenographer specializes in dictation. It is generally accepted that those who have skills are paid a higher rate of pay.

                                     The fact that the incumbent of the position did not actually perform stenographer tasks is irrelevant. An applicant bad to possess the requisite skill and expertise of a stenographer. In short, if the Bulletin states that the applicant must be qualified as a stenographer, the position must be rated as a stenographer position.

                              - C

                              Award Nwiber ?3021 Page 4

                              Docket Humber CL-23o85


                  As to the appropriate remedy, Rule 17 specifies that an employe subject to such changes and added duties- is to be paid a rate no less favorable than that established for such work at the division on which located. Here, the relevant portion of the division is the Wi~iaa
                  work in theft uneas Position e ~o. ~ ~ t two positions perfora stenographer
                                     $57.48 and Position No. 40 rated at $54.02. The Employee acknowledge tbat considerably more work is prevalent an position Ho. 27. Therefore, it argued that Position 3o. 40 parallels C-28.

                                     Position Ho. 40 is rated at $3.27 more per day than C-28. Radar the plain meaning of Rule 17, this is the rate that the Car Shop Cleric position should be set at.

                                     Carrier also argued that there is no valid nlaa- after September 30ths 1977, because that was the last day that Claimant was esplore& by Carrier. In its view, the Organization's claim for Claimant or "her successors on that position" is not in compliance with the requirement that a claim be submitted on behalf of the employs involved (Role 48a). This argunieat was answered in H.D.C. #19. There, it was decided that a claim for successors of named Claimants is not barred. Thus, the form of the Organization's claim is appropriate.
                        Thus, we will sustain the claim as presented.


                  One final point. We feel constrained to-note that Rule 17 provides that where increases are granted on account of increased duties - such as is the case here - that each increases "x117, be eliminated when the increased duties for which the increase was granted use discontinued." That is, should, Carrier determine that stenographic skills are not needed in this position, it may readvertise the position as it previonsldr existed,, without added duties. In that case, the rate for the position would revert back to the rate, established by Carrier, for a typist position

                        · 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 Employee involved in this dispute are Act apes ei ly Crier and EDIp1oyes within the meaning of the Railway Labor pproved June 21, 1934;

                                     That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and
                                  Award Number 23021 Page 5

                                  Docket Number CL-23085


                        That the Agreement was violated.


                                      A W A R D


                        Claim sustained.


                                      RATICHAL Una= AWOSTMRl' BOARD

                                      By Order of Third Division


                  ATTEST:- ~~ //
                                     Executive Secretary

                                     Dated at Chicago, Illinois, this 17th dap of October 1980.