STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the Carrier violated the rules of the Clerks' Agreement at Lorain, Ohio when on July 23, 1954, August 2, 12, 13, 27, September 2, 3, and 10, 1954 employes not covered by the Clerks' Agreement were permitted to perform work covered thereby, denying the employes covered the right and opportunity to perform the work attaching to their positions, and
That the Carrier shall now compensate Employes R. J. Teaman, E. Sensback and John W. Stone for a day's pay each at time and one-half rate for each day's violation of the Clerks' Agreement and on all subsequent dates until violation complained of is corrected. (Claim LT-26)
EMPLOYES' STATEMENT OF FACTS: On July 23, 1954 while Yard Dispatcher Teaman was absent from the yard office doing messenger work attaching to his position, Yardmaster Filbert answered the telephone, taking switch orders from the Lorain Slag Company and also marking the crews to lunch and called them from lunch, working attaching to and an integral part of the Yard Dispatcher's assignment.
On August 2, 1954 while Yard Dispatcher Sensback was away from the yard office on his way to the North Side to get orders from the East Yard Office, Yardmaster McGeachie took switch orders over the phone from the Lorain Slag Company, work attaching to and an integral part of the assignment of Yard Dispatcher, position held by E. Sensback.
Similar occurrences on Mr. Truman's position took place on August 13, 27, September 3 and 10, 1954, when Assistant Trainmaster Wallace performed the messenger work attaching to Mr. Teaman's position.
A similar occurrence on Mr. Sensback's position took place on August 12, 1954 when Yardmaster Good brought orders from the North Side #6 Scale to East Yard Office while Mr. Sensback was at the B&O West Yard and biling office.
On September 2, 1954 a similar occurrence took place on position of Yard Dispatcher held by Mr. Stone when Yardmaster McGill performed messenger's
The Board in that Award held "That the within dispute is governed by our holding in Award 6487, the issue being identical."
To the same effect see decision of this Division in its Award No. 6935 from which we quote:
The Awards referred to above are entirely consistent with the mandate of the Railway Labor Act, as amended, in Section 3, First, Paragraph m:
For the foregoing reasons, it is respectfully submitted that this claim must be dismissed.
It is hereby affirmed that all data submitted in support of the Carrier's position have been submitted in substance to the employes or their duly authorized representatives and made a part of the particular case in dispute.
OPINION OF BOARD: Third Division denial Award 7426 involves the same parties, rules and issue involved herein, and by virtue of that Award the present case must be dismissed. Employe Exhibits SB-#3 through SB-#18 in the present case are new evidence not handled on the property and cannot be considered by the Board.
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 9506-11 571