Pos. Rate of Pay as

No. Title of March, 1952 Relieved On

36 Chief Yard Clerk $14.356 Sunday and Monday

37 Yard Clerk 13.3102 Friday and Saturday

38 Yard Clerk 13.3102 Tuesday and Wednesday

40 Yard Clerk 13.3102 Thursday and Friday

43 Yard Clerk 13 .3102 Sunday and Monday

46 Yard Clerk 13 .096 Saturday

1. Making up hard list for outbound trains.

2. Making up soft list for outbound trains.

3. Manifesting cars moving on outbound trains.

4. Answering telephone and furnishing information taken from waybills; receiving orders from the freight office and industries.

5. Marking up list of inbound trains.

6. Booking the inbound trains.

7. Marking up the switch list from waybills and written orders from the freight office and telephone orders received from industries.

8. Furnishing consists to dispatcher at Marion.

9. Receiving disposition of foreign cars.

10. Assisting outside clerk with icing of cars and heater inspections.

The opinions in those awards clearly show that the duties of yardmasters are varied, that essentially this work is supervisory, and that as an incident to these duties yardmasters of necessity perform some clerical work. Likewise in some instances clerks under the direction of yardmasters perform certain work which in other cases may be done by the yardmasters themselves. * * * The border line which marks the division between these two branches of work is so shadowy it is incumbent on those who claim a violation of the agreement to show that the yardmasters have in fact become clerks and that the clerks have been entrusted with such supervisory and responsible duties that they are in fact yardmasters."

We further desire to call attention to Third Division Award No. 7426. The Opinion of the Board in that Award states in part:

"Nor do we consider that the performance of the work by the trainmaster and yardmaster on that occasion constituted a violation of the Clerk's Agreement, in view of our finding that such work has occasionally been done by them in the past."

In addition, we should like to direct attention to Third Division Award No. 8218. The Opinion of the Board in that Award states in part:

"Claimant cites awards holding that, except as permitted by the Agreement, supervisors cannot, on Sundays or holidays, perform clerical work incident to their own positions, if such clerical duties are assigned to Clerks on regular work days. It is argued that some of the awards even mean that the supervisor cannot therefore perform even his own supervisory work on holidays, if on regular work days a Clerk has concurrent authority to perform it, as here. The awards cited have not that effect; so to hold would violate, both the Carrier's prerogatives and the Yard Master's Agreement"

The items of work here in dispute do not accrue exclusively to employes covered by the Clerks' Agreement and there is no schedule rule, practice or understanding which supports the employes position in that regard.

There is no basis for this claim.

There has been no violation of the rules.

The Carrier respectfully requests that the claim be denied.

(Exhibits not reproduced.)

OPINION OF BOARD: In the record Petitioner lists duties which it contends are reserved to Clerks. It alleges that Carrier violated the Agreement by permitting or directing Yardmasters, Switchmen, Roundhouse Foremen and employes of two other railroads to perform the listed duties. In answer, Carrier admits that Clerks had performed the duties; but, that the duties had also been performed by other crafts and classes of employes. With issue thus joined-the Scope Rule of the Agreement being what we have consistently characterized as general-Petitioner, if it is to prevail, must prove that historically, traditionally, usually and customarily the listed duties have been exclusively performed by Clerks on Carrier's system. This is such a well established principle that we see no need for citing the hosts of precedent Awards.

The evidence adduced by Petitioner as to past practice is uncertain. Because of this and conflicts, which we cannot resolve, the evidence is lacking in probative value; and, we are unable to make a finding as to past practice. We will dismiss the claim.

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

That the claim must be dismissed for lack of proof.

AWARD Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary