This Carrier has not by agreement with the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes granted clerks the exclusive right of calling train and engine crews nor has it agreed with that organization to provide payment for a "call" when yardmasters or any other employes perform that work.

In order to sustain this claim this Board must ignore the limitations upon its authority and the processes provided by law for changing agreements relating to rates of pay and working conditions for railroad employes and thus deprive the persons who own this company of property without due process of law.

This Board has no jurisdiction to supply that which the Schedule for Clerks does not contain.

The alleged claims presented in the Employes' ex parte Statement of Claim are not supported by the rules of the Schedule for Clerks and should be dismissed, and if not dismissed, denied.

The carrier affirmatively states that the substance of all matters referred to herein has been made the subject of correspondence or discussion in conference between the representatives of the parties hereto and made a part of the particular question in dispute.

(Exhibits not reproduced.)

OPINION OF BOARD: The facts in this dispute are not in issue. The record shows them to be as follows: Yard clerks have been employed at Owosso, Michigan, only when the clerical work in the Yard Office was too great in volume for the Yardmaster to perform along with his other duties; at least since January 1944, yard clerks have never been employed around the clock at Owosso; the system wide practice at Owosso and other points since 1939 has been for yardmasters to call train and engine crews when clerks are not on duty. Despite knowing all the above points when new schedules were negotiated by the parties in June 1942 and in 1957, Petitioner made no request to eliminate the existing practice in this respect.

The Petitioner takes the position that under Rule 1 of the Agreement the duties of the car clerks include calling train and engine crews during the hours of their assignment and that the Carrier is in violation of the said Agreement in either requiring or permitting yardmasters to call train and engine crews outside the hours of the clerks' assignments.

This Board has many times held that in order for this type of claim to be sustained it must be shown that the work of calling train and engine crews is exclusively reserved to the clerks and to the exclusion of other employes. See Awards 11466, 10515, 9963, 9565, 9551, 9609, 9261, 8065 and 6359. There would not appear to be any Rule of the current Agreement between the parties that confers exclusive rights on clerks to perform this work. To the exact contrary the undisputed facts are that the Yardmasters on this property have always and for many years performed the work of calling train and engine crews at Owosso. These duties have always been performed by the said Yardmasters during the hours when no clerks are on duty.

The facts themselves which are not disputed by the Petitioner demonstrate conclusively that the work in question does not exclusively belong to the

"It is not enough that the Organization show that employes covered by the Agreement have performed similar work. The Organization must show that such employes have exclusively performed such work." Also see recent Awards, 11621, 11598, 11495 and 11081.

That the parties waived oral hearing;

That the Carrier did not violate the Agreement.

AWARD