1. That the Carrier violated the current Clerks' Agreement when October 24, 1957 it transferred position of Operator-Wire Chief from the Passenger Station at Mt. Carmel, Illinois to the TJ Yard Office located approximately eight tenths of a mile, a position not within the Clerks' Agreement, and concurrently therewith assigned to the Operator-Wire Chief duties which previously were performed by Yard Clerks.
2. That on January 1, 1958 the Carrier abolished the OperatorWire Chief position and bulletined two new Operator positions at Mt. Carmel, Illinois yard office, assigning such duties which previously were performed by Yard Clerks, i.e., the operating of teletype and I.B.M. machines.
3. That the duties necessary in connection with the operation of the teletype and I.B.M. machines be assigned to the yard clerks, and the two positions necessary to the efficient operation of the mechanized car reporting system be bulletined to the Mt. Carmel, Illinois clerical seniority roster.
4. That Mr. Richard K. Hockgeiger and Mr. Jess Goad, extra clerical employes at Mt. Carmel, Illinois, and such other employes who may be affected through the application of the rules and working conditions agreement be compensated for all wage losses sustained.
Award No. 5968, covering claims progressed by the B. of R. & S.C. On this property at Danville, Illinois, also sets out the position of the Board. In this dispute, a clerical position in the freight house was abolished March 16th, 1950 and part of the duties of the position absorbed by remaining clerks in the freight house-remainder of the duties being absorbed by a ticket clerk (under the Telegraphers' Agreement) working in the depot. The performance of ticket clerk and clerical duties required the ticket clerk to work both at the depot and freight houseapproximately 1600 feet apart. On January 16th, 1951 the depot was closed and the ticket agent was moved to the freight house and became a part of the force at that point. Your Board sustained claims up to the time depot was closed, but denied the claims after that date with the following comment-
From the facts and evidence hereinbefore presented and awards and court cases cited, it has been conclusively shown that;
Accordingly, Carrier requests that if the claim is not dismissed for lack of jurisdiction, that your Board deny it in its entirety for lack of merit or agreement support.
Organization has been fully informed as to Carrier's position through correspondence and conferences on the property.
OPINION OF BOARD: Claims here are premised on the allegation that Carrier violated the Clerks' Agreement, when on October 24, 1957, it transferred an Operator position at Mt. Carmel, Illinois from the passenger station to the TJ. Yard Office, and resulting in the Yard Office 11159---17 931
Operator, performing clerical duties previously performed by employes covered by the Clerks' Agreement.
On January 1, 1958, it is alleged Carrier abolished the Operator it had transferred to the TJ. Yard Office, and bulletined two new Operator positions at the yard office and assigning duties previously performed by Yard Clerks, covering the operation of teletype and I.B.M. machines to the Operator position covered by the Telegraphers' Organization.
For such violations by Carrier, the Organization requests this Division to require Carrier to bulletin two positions, to absorb the clerical duties performed at TJ. Yard by employes of the Telegraphers' craft, and to compensate two named employes and other employes so affected for all wage loss concerned.
Carrier denies the allegations as made by the Organization, and contends that such clerical duties performed at TJ. Yard Office, was properly performed by employes covered by another Agreement with the Telegraphers' craft. That when the Operator--Clerk positions were assigned to TJ Yard Office, there were telegraphic duties required to be performed by Operators, and that the performance of clerical work by these employes, was within the prerogative of management, to determine whether such clerical work to be performed, was incidental and proper in filling out the tour of duty of such employes, where the transmission and receiving of messages did not require the full time of their assigned hours. The work required of the operator in transmitting and receiving messages belonged exclusively to the Telegraphers. This Division has determined in numerous cases, that Carrier has a right to require clerical work to be performed, as is involved in the claims here, by the Operator, in order to fill in his daily assignment, when his full time is not required in performing his telegraphic duties.
We are of the opinion the record here before us, does not support the contentions of the Organization. There is no proof in the record here that clerks have the exclusive right to perform the work complained of, as provided by the Scope Rule of the Agreement. Nor does the record support any contention that any employes of the Clerks have suffered any loss of work or compensation to employes of another craft.
The Division is giving no consideration to the jurisdictional question raised by Carrier in view of Award Nos. 10422 and 11100.
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