BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION
EMPLOYES
(a) The Southern Pacific Company violated the Clerks' Agreement at Tillamook, Oregon, when it nominally abolished Freight Clerk positions Nos. 4 and 6 and transferred the duties thereof to employes working under the Telegraphers' Agreement; and,
(b) The Southern Pacific Company shall now allow Mr. J. F. Crivella and/or his successor ox successors in interest. namely, any other employ e or employee -who may stand in the same status as claimant and who may he adversely affected, one day's pay at the pro rata rate of Position 6 .for July 18, 1961, and each subsequent date that clerical work is performed by persons outside the scope of the Clerks' Agreement, and until the claimant is restored to Position 6.
(c) The Southern Pacific Cornoany shall now allow Mx. J. P. West and/or his suec:esso: oz' sucessors in interest, namely, any other employe or employee who n=ay stand in the same status as claimant and who may be adversely affected, one day's pay at hte pro rata rate of Position 4 for July 17, 1961, and each subsequent date that clerical work is performed by persons outside the scope of the Clerks' Agreement, and until the claimant is restored to Position 4.
Personnel and by letter dated May 23, 1963 (Carrier's Exhibit "E"), the latter denied the claim.
OPINION OF BOARD: To handle changes in the work requirements at Tillamook, Oregon, Carrier abolished the two clerical positions at that station. Following abolishment of the two clerical positions, Carrier established Position No. S, Telegrapher-Clerk, hours 6:30 A. M. to 2:30 P. M. and at the same time, Position No. 1, Agent-Telegrapher changed its assigned hours to be 9:00 A. M. to 5:00 P. M. This allowed the two Telegrapher positions to perform all telegraph service required at Tillamook, and the two telegrapher employes filled out their regularly assigned hours performing duties formerly performed by the abolished clerical positions.
The Organization alleges that Carrier violated the Scope Rule of the applicable Agreement when it abolished the two clerical positions and transferred their work to employes not covered by the Clerks' Agreement. Such work, .they assert, has historically and traditionally been performed by employes covered by said Agreement and cannot be transferred to another class and craft.
Since the Scope Rule in question is general in nature, to prevail, the Organization must allege and prove that the work in question has been historically, and traditionally performed exclusively by employes covered by the Clerks' Agreement. This it has failed to establish.
Nor was the Organization able to refute the fact raised by Carrier, that due to changes in work requirements' at Tillamook, it became necessary to establish a second telegraph position. Thus, it must be taken as true, and the telegraph position is not open to attack by the Organization.
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 dune 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herei-; and