(Brotherhood of Railway., Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE: (Chicago, Milxaukee, St. Paul and Pacific Railroad Company

 STATEMENT OF CLAIM: Claim of the System committee of the Brotherhood (GL-8884) that:

 1. Carrier violated the Clerks' Rules Agreement at Deer Lodge, Montana when it failed and/or refused to properly compensate employs R. F. Bread an February 16, 17, 28 and march 1, 1978.
two (2) hours at the pro rata rate of Chief Clerk Position No. 74000 on Feb
 ruary 16, 1978; eight (8) hours at the pro rata rate of Chief Clerk Position
 No. 74000 on February 17, 1978; eight hours at the pro rata rate of Chief
 Clerk Position No. 513 on February 28, 1978; and two (2) hours at the paw
 rata refs of Chief Clerk Position No. 51300 on March 1, 1978.

 3. Carrier shall further be required to reimburse Fb<ploye R. F. Bread for mileage for two (2) miles when required to use his own transportation to travel between work locations.

 OPINION OF HOARD: On four different occasions between February 16, 1978 and
 march 1, 1978, employs R. F. Brand, who held a steno-Clerk
 position, was assigned to assist on Chief Clerk positions. In due course Organi
 zation submitted claims that (1) (terrier violated the Clerks' Rules Agreement
 rhea it failed and/or refused to properly compensate employs Brand on these oc
 casions; (2) that (terrier be required to compensate employs Brand for his work
 on these occasions at the pro rata rate of the Chief Clerks' positions involved;
 and (3) that Carrier be further required to reimburse employs Brand for mileage
 when he was required to use his own transportation to travel between work lo
 cations. In the proceedings antecendent hereto, Carrier denie4 the claims.

 Organization contends that the claim for higher compensation was warranted under the facts of this case sad invokes Rule 17 of the Agreement dealing with Preservation of Rates and Rule 32 dealing with Overtime. Carrier protests that employe Brand at none of the claimed occasions "assisted" on the named Chief Clerks' positions but merely fulfilled the duties of his regularly assigned position.


We find upon our review of the record that the evidence on this phase of the case supports the position of Organization. We therefore sustain the claim that Carrier failed to properly compensate employs Brand when it withheld compensation at the Chief Clerks' pro rata rate for work Brand performed when he assisted on Chief Clerks' positions.

 It would. normally follcv that Claim 2, requiring that proper compensation be paid, be sustained also. However$ upon scrutiny of the record, it appears that the compensation sought in Claim 2 is excessive. Rule 32(h) mandates, is relevant part, that:

        "An employs assisting another employs on a position paying a higher rate will receive the higher rate for time worked while assisting such employs . . ." (Underlining supplied.)


To the extent Claim 2 exceeds this mandate, Claim 2 will be modified. In other respects Claim 2 will be sustained.

 Claim 3, embodying a request for mileage reimbursement for two (2) miles, will be denied. The record of this case fails to supply the necessary factual support to substantiate the mileage 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 Employee involved in this dispute are respectively Carrier axed Employee 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 violated.

                                          r,~cEi~


                                                    .;

                        A W A R D DEC 1r J`

                                      'c


        Claim 1 sustained. ~~e


                                        J'90 Office _ D~ '

        Claim 2 sustained as modified.


        Claim 3 denied.


                            NATIONAL RAILROAD ADJUSTMENT 'BOAS


                        .

            ,061

                        w By Order of Third Division


ATTEST.
        Executive Secretary


Dated at Chicago, Illinois, this 6th day of October 1981.