the Clerks' Organization shown any necessity of restoring the position of Assistant Mail Foreman as claimed.

(4) There is no rule, precedent or practice, that gives Clerks' Organization .justification for the claim. The claim should be denied.

All data in support of the Carrier's position has been handled in conference with representatives of the Employes.

(Exhibits not reproduced).

OPINION OF BOARD: The scope rule of the effective Agreement lists the exception thereto as contained on "Personal Office Force List No. 1." This list contains under the heading "Superintendent, Hoboken," the following: 1) Chief Clerk, 2) Personal Stenographer to Superintendent, 3) Personal Stenographer to Assistant General Superintendent, 4) File Clerk, 5) Division Accountant, 6) Stationmaster, and 7) Assistant Stationmasters. The rule further states as to excepted positions:

"New positions or reclassifications of existing positions shall be subject to conference between the Management and the General Chairman for the purpose of determining whether such positions shall be excepted. In filling appointive positions (those which are not required to be advertised) in other than entirely excepted offices, full consideration shall be given to senior qualified employes coming under the provisions of this agreement."

This list indicates that the position of one Stationmaster is excepted at Hoboken and it is necessary for the Carrier, if it wishes to establish another excepted Stationmaster position at this passenger station, to do it by conference with the organization under the rules of the effective Agreement.

While it is true that it is the responsibility of the Carrier to decide the amount of supervision needed, Awards 4992, 5225, 6076, it must carry out the assigning of the supervisory employes under the terms of the Agreement with the Organization. They cannot abolish the position of Assistant Foreman and establish a position they believe excepted from the Agreement to perform the work of the abolished position If the parties, at the time of drawing up the list of excepted positions, had in mind more than one Stationmaster at Hoboken, they would have so stated. The excepted list contains fourteen (14) job classifications in the plural. The claim must be sustained in that the Agreement has been violated by the Carrier. 2) That the Carrier, in order to establish an excepted additional position of Stationmaster, shall be required to meet with the proper parties designated by the Clerks' Organization. 3) That the Claimant, Fantaccioni, be reimbursed, for each day since November 8, 1948, up to the time this award is put into effect, any monetary loss suffered by reason of the Carrier's abolishment of his position. 4) As to the claim of other employes not named, affected by the abolishment of the Assistant Foreman's position, we should not attempt to decide their claims as they have not been presented to us, nor are they sufficiently brought out in the record before us.

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 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 the Agreement has been violated by the Carrier.

AWARD