Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28282
THIRD DIVISION Docket No. MS-28452
90-3-88-3-287
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.

(Richard C. Teed PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

"Do the senior clerk/CRT positions in the system finance department come under the provisions of BRAC Rule 33 - the preservation of rate rule? Conrail System Docket CR-3692, New England Division Case 09-85-N-0154."

FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



In this case, although certain procedural issues have been advanced, we conclude that the Claim is best addressed on its merits.

The record shows that the Claimant had assumed the Supervisor's duties while that person was on vacation. The question before us is whether the Claimant was entitled to the difference in pay between his own rate as Senior Clerk/CRT position and that of the Control Supervisor's position while he performed the Supervisor's duties.

We find that the Carrier's position on this Claim is proper. Pursuant to an October 12, 1982 Agr designated as a Senior Clerk/CRT Operator to fill in for Control Supervisors when they were absent. A higher rate of pay was established for this "Senior" Operator position because his job description and duties required him to be qualified to assume the duties of the Supervisor when that person was absent. The record shows that the Senior Clerk's position rates are standard throughout the Carrier's system Supervisor without an increase in their rate of pay.
Form 1 Award No. 28282
Page 2 Docket No. MS-28452
90-3-88-3-287
In view of all of the foregoing, there is no basis to sustain the
Claim.
A W A R D






Attest: mLncy`Tancy J. ev -Executive Secretary

Dated at Chicago, Illinois, this 28th day of February 1990.