George S. Rookie, Referee


              (Brotherhood of Railway, Airline and Steamship Clerks,


PARTIES TO DISPUTE: ( ftei&t mss, &:du'ess and Station Nwlayss
              (Illinois Central Gulf Railroad


              STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9133) that:


(1) Company violated the agreement between the parties effective March 18, 1977, when it bulletined Chief Clerk Position 279, 3:00 p.m. to 11:00 p.m., Osrbotr7sle, Illinois Yard Office with a rate of pay as $54.80 par day, when it should be rated at $59·29 per day as other similar and like positions at this location.

 (2) Company shall now be required to compensate the regular occupant of Position 279, sad the relief clerks, the difference in the rate of $59.29 per day, and that of $54.80 per day, or $4.49 per day, beginning March 18, 19'Z7, and continuing until the rate of the position is adjusted to reflect the correct rate of pay.

 OPINION OF BOARD: Upon advertising a Chief Clerk position assigned 3:00 P.M.
 to 11:00 P.M. at Carbondsle, Illinois, the "duties assigned"
 read the same as did other, higher rated, Chief Clerk positions whereupon
 Employes filed claim.

 Employes failed to cite a rule prohibiting advertisement of a position at what was, for all the record stews, it's historical rate of pay.

 If there be a disparity in rates as between similar positions such a factual situation could indicate a need for negotiation; however, the record before us presents no basis for finding that the agreement was violated. we, therefore, will deny the 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 (terrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;
                    Award Number 23513 Page 2

                    Docloet Number (L-2346U


That this Division of the Adjustment Board hAe Jrsiriadiction aver the dispute involved herein; and

        That the Agreement was not violated:


                      A B A R D


        Claim debi.ed.


                          NATIONAL RAILIAHJfOSOIIT Bum

                          By order o:&W=Diaision


ATTEST.
      Executive Secretary


Dated at Chicago., Illinois., this 29th dsy of Jaduer-y 19

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