C SPECIAL BOARD OF ADJUSTMENT ATO. 167
0
P AWARD N0. 8
Y
Organizations File Carriers File
lol-c-16 cL-4o-55
STAT'MENT OF CLAM
"Claim of the System Committee of the
Brotherhood that:
H(1)
The Carrier violated rules of the current Agreement with
the Brotherhood of Railway Clerks when it established a new position
entitled 'Assistant Claim Clerkf at Denver Freight Station at rate
of '·14.43 per day,
11(2)
The occupant of this position., or his successor, shall be
paid the difference between rate of 014.43 per day and $14.67 per
day for each and every day this position is worked.
"(3) This position shall now be rebulletined at the rate of
324.67 per day., in accordance with the rules of our current Agreement."
FINDINGS: The position of assistant Claim Clerk at the Denver Freight Office
held a long established rate and its bulletined duties were:
"Have complete working knowledge of handling diversions
for Denver Station and yard offices and have knowledge of
handling claims and clams correspondence as well as a
knowledge of office procedure at Denver Local Freight Station.
Must be a typist and also be familiar with handling teletype
machine."
Carrier abolished that position on January 11,
1955.
On August 8.
1955, it bulletined a position with the same title, location and rate and
having assigned duties as follows:
"Must be fully competent to handle and accomplish
diversions, carload and LCL and familiar with handling
tracers, notification, etc., diversion indexing, and filing.
Must have general knowledge of office procedure to assist
switch clerks and other positions having to do with the
accomplishment of diversions within the office and at Yard
offices.
Claim is made for the higher rate of switch clerks for this position
on the grounds that it was a new position; that at the time it was bulletined
the work as listed in the bulletin was being performed by switch clerks; that
the assigned duties included the duty 'Ito assist switch clerks" and that the
performance of like work required like pay.
~S
AWARD N0. $
The bulletin duties of the position do not include the unlimited
duty to assist switch clerks but only the duty to assist switch clerks and
other positions having to do with the accomplishment of diversions. Carrier
asserts without denial that the only work performed by the assistant claim
clerk consisted of the duties as outlined in the bulletin in connection with
the accomplishment of diversions. Switch clerks had other duties to perform
in addition to
handling diversions
. The fact alone that one position performs part of the duties of another position is not sufficient to require the
same rate. Ifs during the period while the work of accomplishing diversions
had decreased so that the position of assistant claim clerk was abolished,
its remaining duties were assigned as fill-in work to the higher rated position of switch clerk, upon the increase of the work the lower rated position
could be reestablished and the diversion work be reassigned that position.
Even if we accept the contention that the position of Assistant
Claim Clerk when reestablished was a new position it has not been shown
that its rate was not in conformity with positions of similar kind or class
in the seniority district.
AWARD: Claim denied.
~s/ Mortimer Stone
Mortimer Stone
Chairman, Neutral Member
/s/' D. L. Clavel
D. L. Clavel
Carrier Member
Mm. J. Donlon
Organization Member