(Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlersp Express and Station Employes PARTIES TO DISPUTE:



1) (terrier violateds and continues to violate., the Clerks' Rules Agreement when it failed to maintain and apply the proper rate of pay commensurate with the duties and responsibilities required on the Yard Clerk Position No. 33840 at Marion, Iowa.

 2) The rate of pay on Yard Clerk Position No. 33840 shall be adjusted to conform with the negotiated rates applied to an Agent position in Seniority District No. 30.

 3) Carrier shall compensate employe J. N. Sieck, his successor or successors, if any# the difference between the amount paid such employes and the amount they would have received if the proper rate had been applied to the position beginning September 1,, 1977.

 OPINION OF BOARD: The Claimant is the incumbent of Yard Clerk Position
 No. 33840. Effective September 1., 19'(7, he was assigned certain duties and responsibilities which had previously been performed elsewhere; and which were fo
The Employes cite a number of rules which were allegedly violated whet "...(aarier discontinued established Agent position and transferred the duties to a Yard Clerk position having the effect of reducing rates of pay and evading proper application of said rules."

 This Board. has previously considered the companion case to this dispute,, and in Award 23160 we denied the claim because of a failure of proof of a violation. 7a our review of this record, we find nothing to alter that conclusion ands accordingly.. we also deny this claim.
                    Docket Humber Q.-23123


        FINDINGS: The Thud. Division of the Adjustment Board, upon the vrhole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


Ttwt to Carrier end the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the railway labor tat, as a"rovrd June 21, 1934;

 That this Division a! the Adjustment Board has Jurisdiction over the dispute involved herein; and

        That the Agreement vas not violated.


                    A W A R D


        Claim denied.


                            NATIONAL RAaMAD ADTUSSCENT BOARD

                            By Order of Third Division


ATTEST: AM PIPAMZ46~of
            ye Secretary


Dated at Chicago, Illinois, this 31st day of March 1981.