(a) Carrier violated the Clerks' Agreement at Natchez, Mississippi, when on August 1, 1964, it abolished three regular Clerical Positions and assigned a portion of the remaining duties of one of the abolished Clerical Positions to employes not subject to any roles of the Clerks' Agreement.
(b) Clerk J. C. Odom, be compensated for three hours' pay at the penalty rate of $3.9056 per hour beginning August 1, 1964, and each subsequent work day thereafter until the work is restored to employes subject to the Clerks' Agreement.
clerical positions, one of which belonged to the claimant, at Natchez were abolished. Two to three hours of work from the claimant's abolished job remained at Natchez. The work involved checking industry and yard tracks, compiling the 33 Report, compiling two car reports, assisting in typing the OS&D Reports, compiling a switch list, handling cars on the N&S interchange for the switch crew, and receiving information from various industries.
At Natchez, there have been two employes on the first trick covered by the Transportation-Communication Employes Union Rules Agreement for 25 years-an agent and an operator. The agent's hours are 5:00 A. M. to 5:00 P. M. The opeartor's hours are 6:00 A. M. to 3:00 P. M. The work detailed in the preceding paragraph was assigned to the operator to fill out his day.
Clerks filed claim contending that Carrier violated the Scope and Seniority Rules of the Schedule Agreement. They relied heavily on the fact that two telegraphers are on the first trick. The Carrier declined the claim on the basis that it was within the Carrier's rights to distribute work from an abolished clerical job to a telegrapher to fill out his tour of duty and that the fact that two telegraphers were on the first trick was of no significance since the agent was out of the office so much and his hours were such that he could not perform wire work. Copies of relevant correspondence are attach^d as Carrier's Exhibits "A" through "E."
The Union stated in Carrier's Exhibit "A" the basis for the claim and for the issue in the present dispute:
The Carrier will show that the presence of an operator as well as an agent on the first trick is necessary to the operation and that the clerical work on this property is not reserved exclusively to Clerks.
OPINION OF BOARD: In Awards 28, 30, 33, 36, 41, and 43 of Special Board of Adjustment No. 170, involving the same parties as involved herein, it was held that the performance of clerical work by telegraphers under conditions similar to those involved in our present docket was not in violation of the Clerks' Agreement. The same conclusion was reached in Third Division Awards 13255 and 13686 also involving the same parties. There is no basis for a different conclusion herein and the claim will be denied.
FINDINGS: The Third Division of the Adjustment Board, 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;