NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)

Paul C. Dugan, Referee

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES

PENN CENTRAL COMPANY-SOUTHERN REGION

(Formerly New York Central Railroad - Southern District)

1. Carrier violated and continues to violate the Clerks' Agreement, specifically Rule 1-Scope, and the May 19, 1959 Memorandum of Agreement at Harrisburg, Illinois on September 7, 1966, when Carrier removed work from employes covered by the Clerks' Agreement and permitted such work to be performed by employes not covered by the Agreement.

2. Carrier shall now be required to compensate Messrs. J. Partain, C. Harlow, H. Harlow, T. Randolph, J. Stricklin, A. V. Day, W. Cullum, T. Cain, G. E. Bailey, C. Cross, D. D. King, B. C. Bailey and D. R. Ward, coal car cleaners at Harrisburg, Illinois for eight hours' pay on September 7, 1966 and all subsequent dates until the violation has been corrected, claimants compensated and work restored to the employes covered by the Clerks' Agreement.

OPINION OF BOARD: The issue herein is whether or not the Carrier violated the Agreement when it permitted coal mining company employes and not Claimants herein to clean coal cars.

The Organization contends that the Memorandum of Agreement of May 19, 1959, and the Scope Rule were violated when Carrier permitted coal cars to be taken to the coal mines from Harrisburg without heing first inspected and cleaned by Carrier's personnel, but later were permitted to be cleaned by coal mine employes of the various coal mining companies.

The Carrier's position is that the May 19, 1959 Agreement does not require Carrier, to the exclusion of others, to clean the coal cars before they are delivered to the coal mines for loading; that the Scope Rule does not grant the exclusive right to Claimants to clean said coal cars; that the Carrier is not required by statute or regulation to clean said coal cars.

Examination of the Memorandum of Agreement of May 19, 1959, strongly relied on by the Organization, shows that said Agreement does not require Carrier to clean the coal cars in the first instance. Further, said Agreement does not in any way show an intent to have Claimants exclusively perform said work at Harrisburg.

Second, having a general Scope Rule, the Organization did not meet its burden of proving that system wide, by history, custom and tradition, Claimants have performed the work in question.

Therefore, it is our conclusion that Carrier did not remove work from the Agreement and thus the claim must be denied.

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 Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary