(Brotherhood of Railway and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Burlington & Quincy Railroad Company



(1) The Carrier violated the Clerks' Rules Agreement, particularly Rules 1, 25, 36 (k) and Article VIII of the Agreement of August 21, 1954, beginning on April 3, (telegrapher), upon arrival of passenger trains No. 35 and 36 at Quincy, Illinois, West Station, was required to assist the Assistant Baggageman and Baggagemaster on duty, with the head end work on these trains.

(2) That the claimants named below and/or their successors, if there be any, be compensated for 2 hours at punitive rate, ($18.06 per day, plus subsequent wage adjustments), for each claim date when they were available and were the senior dates indicated:













This is a continuing claim. Additional claim dates and names of the claimants have been presented to the Carrier and progressed up to the highest designated officer of the Carrier to handle such disputes. By reference thereto are made a part of this submission.

(3) That the head end work on passenger trains at Quincy, Illinois, West Station, be returned to employes of the Clerks' Craft and Class.



OPINION OF BOARD: Claimants are Assistant Baggageman and Baggagemaster at

Quincy, Illinois. The employes have contended that Carrier is in violation of the Scope Rule of their Agreement when an Operator - Leverman (telegrapher) was p Quincy, Illinois, West Station.

This Board in Award 13823 (Referee Dorsey) which involved an identical dispute between these same parties in Albia, Iowa held:

          "The Scope rule of the Agreement is general in nature. Consequently, to prevail, Clerks have the burden of proving that the work, to which it lays claim has been performed historically and customarily by employes covered by Clerk's Agreement. Clerks in the record, failed to satisfy the burden. We will deny the claim."


        We will follow Award 13823 and deny the claim.


        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.


                    A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 25th day of May 1972.