by the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, except as otherwise provided in Sections (d) and (e) of this rule.

(1) Clerks: Chief Clerks, assistant chief clerks, clerical workers, local storekeepers and assistants, stenographers and calculating machine operators, ticket sellers and ticket clerks, telephone switchboard operators, train and engine crew dispatchers, perishable freight inspectors, foreman of freight houses and storehouses.

(2) Other Office, Station and Stores Employes: Office boys, messengers, chore boys, train and engine crew callers, operators of certain office or station appliances or devices; employes engaged in assorting tickets, waybills, adjusting dietaphone cylinder, gathering or distributing mail.

(3) Station Employes and Laborers: Baggagemasters, baggage and mail handlers, parcel room employes, information bureau employes, mail room employes, gatemen and station attendants, elevator operators, train announcers; office, station, warehouse, shop and yard Watchmen, janitors and cleaners and other employes whose duties are analogous to those enumerated in this section; all laborers employed in and around stations, freight houses, warehouses, store houses, and stock rooms, such as sealers, loaders, truckers, stowers, coopers, station cleaners and other employes in places named whose duties are the handling of freight or company material (including both supplies and scrap).

(b) Positions and work within the scope of this agreement belongs to the employes covered thereby, and nothing in this agreement shall be construed to permit the removal of positions or work from the application of these rules, except in the manner provided in Rule 49.

See N.R.A.B. Third Division Awards Nos. 4492, 4669, and 8871.

In conclusion, the Carrier asserts the claim is without merit; it is not supported by rule, precedent or practice and should be denied.

OPINION OF BOARD: Claimant Buchanan holds a regular position of freight clerk at the Caribou, Maine, freight station. His regular work-week is Monday through Friday, inclusive, with rest days, Saturday and Sunday. There is no regular relief clerk employed to perform work on Buchanan's rest days. During the four years previous to this claim, Buchanan had been called to perform necessary work occurring on his rest days. Commencing March 19, 1961 the Carrier used the telegrapher to perform work at the station on Sundays, which was performed during the week by Buchanan.

The employes urge that this work belongs to them exclusively, and that Buchanan should have been called to perform it on the Sundays in question.

Carrier argues that the work is not covered by the Scope Rule, nor is it the type of work exclusively performed, on a system-wide basis through practice, custom and tradition, by these employes.

This Board has held on numerous occasions, that where the work at a particular location decreases, and there is telegrapher work remaining, it is proper to retain the telegrapher, and assign to him clerical work to fill out his tour of duty, when he is not occupied with telegraphy or communication duties.

In this particular case, the record shows that the work load decreased on Sundays, so that only one employe was required. Telegrapher duties remained to be performed. Therefore, in essence, the Carrier abolished the position of clerk, by failing to call him on Sunday, and assigned this work to the telegrapher. We are of the opinion that the Carrier had the prerogative to act in this manner.

There is no question that if the volume of work for the regular days of the position would have so diminished, the Carrier could have properly acted in the same manner, and assigned the remaining duties of the clerk to the telegrapher. We see no reason that this same procedure would not be applicable in the instant case.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

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 Agreement was not violated.

AWARD