Position of Carrier appears to be sufciently set forth in the foregoing correspondence. The fact that the L. & A. Telegraphers' Agreement has, for many years, carried in the tabulated wage scale an item designated:

Location Position Bate

Hope, Ark. Telegrapher-Clerks (Current)

is evidence that a combination of telegrapher and clerical duties has always been expected of these incumbents, and it is a matter of common knowledge that they have always performed clerical work of whatever nature the Agent called upon them to do. To contend at this late date that clerical work is exclusively the "property" of employes covered by the agreement with the Brotherhood of Railway Clerks, is, to say the least, belated and unrealistic.

The first L. & A. Telegraphers' Agreement of record became effective April 20, 1920.

The position of Cashier was abolished by bulletin with the required 48-hours' notice, and the incumbent placed himself on a clerical position at another point carrying the same rate of pay.

The claim should be denied and Carrier respectfully requests that the Board so find.

Facts and data contained herein have been made known to representatives of claimant by correspondence or in conference.

(Exhibits not reproduced).

OPINION OF BOARD: The System Committee contends Carrier violated its Agreement with the Clerks when on May 23, 1950 without conference or agreement, it discontinued the position of Cashier at Hope, Arkansas, and assigned the duties normally and traditionally attached thereto to empoyes not covered by the Clerks' Agreement. It asks that the position be restored and that the regularly assigned occupant thereof as of May 23, 1950 be compensated for all wage loss sustained since his removal therefrom up until such time as he is restored to the position.

Prior to November 1, 1941 the station force in the office of the Freight Station at Hope, Arkansas, consisted of a General Agent, Cashier and three Telegrapher-Clerks. On November 1, 1941 a Check-Clerk was added to the force. As of December 3, 1948 the first trick Telegrapher-Clerk position was abolished. On February 10, 1949 the position of Check-Clerk established on November 1, 1941 was abolished although it was again temporarily put in effect from October 3rd to 31st, 1949. Because of telegraphic service requirements the position of first trick Telegrapher-Clerk was re-established on April 7, 1950. Due to a decline in business there was not enough work for the Telegrapher-Clerk and Cashier during the latter's tour of duty, so Carrier abolished the position of Cashier on May 23, 1950. It also reclassified a position of Telegrapher-Clerk as a Telegrapher-Cashier and had the occupant of that position perform all the duties which, prior thereto, the occupant of the position of Cashier had been performing. The position of Telegrapher-Cashier is not covered by the Clerks' Agreement.

Scope rules which cover classes of employes by referring to positions generally reserve to employes covered thereby all work usually and customarily performed by the occupants thereof at the time of the negotiation and execution thereof. In the case of Clerks' agreements it has been often stated that because of the nature of the work, it being incident to and a part of so many different positions, it does not purport to reserve all clerical work to clerks. Many awards of this Division also recognize certain qualifications thereof or exceptions thereto. However, clerks have the right to perform all clerical work in the absence of it falling within such qualifications or exceptions. See Awards 2334 and 3003 of this Division.

Insofar as here material these qualifications or exceptions include the right of Telegraphers to perform it to the extent necessary to fill out their time, although they cannot be detached from their posts and be sent elsewhere to perform it nor can the work be brought to them. See Awards 838, 4288, 4477, 4559 and 4887 of this Division.

As stated in Award 4559 " * * this Board has said that a Telegrapher with telegraphic duties to perform may properly perform clerical work, which is incident to or in proximity of his telegraphic work, to such an extent as to fill out the telegraphic assignment."

The record establishes the necessity for the telegraphic positions. Under such circumstances a telegrapher may properly perform clerical work in proximity thereto to the extent required to fill out the position he occupies. If the work recedes to the point when the telegraphers can perform it all it is the clerks and not the telegraphers which must be cut off when telegraphic work remains to be performed. We find Carrier had a right to do what it did. See Award 4477.

Nor does the fact that the position of Cashier at Hope has been in existence for a long time, at least since prior to September 1, 1927, affect the application of these principles thereto in view of the scope rule of the Agreement which is herein involved.

In view of the foregoing we find the claim to be without merit.

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 an the evidences, 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 Carrier has not violated the Agreement.

AWARD