seniority was set, and any review of forms 1404 work reports by McInerney during period Juy 22, 1930 to March 12, 1935 was considered incidental to work as machinist helper.

Machinist Helper R. L. Green and others have also been used to review 1404 reports for repeater items. Green later became an apprentice and completed his apprenticeship and was promoted to machinist July 12, 1941.

In Award 1484 the Third Division, assisted by Referee Paul Richards, denied a claim progressed by the Clerks on Northern Pacific Railway, account alleged clerical work being performed by a carman, time consumed two hours. In this award the Third Division said there was no showing that such work was within the scope of Clerks' Agreement or had previously been performed by Clerks; also that "not all work clerical in character comes within the scope rule of the Clerks schedules of Agreement such as Rule 1 here involved, and to the effect that the division of work between the various Railway Labor Organizations cannot be made with mathematical precision." Reference is made in the award to previous awards 806, 809, 1405 and 1418, and claim was denied.

McInerney was not deprived of overtime work since the records show he was paid considerable overtime during this period.

1. The reviewing of work reports for repeater items is not work assigned exclusively to any clerical position.

2. McInerney was assigned to his regular work and did extra work during the period October 14, 1942 and May 1, 1943 and none of his work was done by Iak.

3. The work performed by Iak, incidental to his regular work, was not work taken from any clerical position within the scope of Rules and Regulations September 1, 1936. This reviewing of work reports, form 1404, to determine repeater items, is done regularly by officers and others who may have occasion to do so.

as an employe "who regularly devotes four (4) hours or more per

day to the compiling, writing, and/or calculating incident to keep

ing records and accounts, transcribing and writing letters, bills,

reports, statements and similar work, and to the operation of office

mechanical equipment and devices." There is no classification of

work rule. There are few, if any, employes from the President

down to the Laborer who do not perform some clerical work in

connection with their regularly assigned duties. (See Awards 806

and 1405 by Third Division, assisted by Referee Spencer.)

5. The work here involved is somewhat the same as train conductors or trainmen examining train lists and checking bills, and cannot be classed as exclusive clerical work.

OPINION OF BOARD: Without hereby establishing precedent for application to any other set of facts and circumstances than those presented in this docket, it is held that the assigning as here, daily, for a period of six months, of the job of checking locomotive inspection report Form 1404 in order to identify repeater items of thcO same nature, as described in the Joint Statement of Facts, represents an assignment of clerical work coming within the scope of the Clerks' Agreement to an employe without the Agreement.

On that basis the claim of J. J. McInerney is sustained, for the time that Machinist Helper Iak devoted to the performance of this work on the days that McInerney was available therefor during the period October 14, 1942, to May 1, 1943, that Iak was thus employed.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the carrier and the employes involved in this dispute are respectively carrier and employes 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 under the circumstances of this case the claim will be sustained as indicated in Opinion of Board.

AWARD