(Brotherhood of Railway, Airline and Steamship Clerks, (Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Missouri Pacific Railroad Company

1. Carrier violated Memorandum of Agreement dated February 1, 1967, between the Missouri Pacific, Missouri Pacific Truck Lines, and the Brotherhood of Railway and Airline Clerks, when, beginning May 12, 1970, it did, without conference, negotiation or agreement, arbitrarily and unilaterally transfer clerical work from under the scope and operation of the Clerks' Agreement to position under another craft and class of employes at Leavenworth, Kansas, which was clerical work in connection with Missouri Pacific Truck Lines, preserved for clerical employes under the scope of the Clerks' Agreement by the Memorandum of Agreement dated February 1, 1967;

 2. Carrier shall be required to compensate the senior available Clerk and former occupant of Chief Clerk-Cashier position at Leavenworth, Kansas, Mr. R. M. Kalhorn, seniority date June 24, 1941 on the Omaha Division Station and Yards seniority roster, or his successors, for eight hours at the daily pro rata rate of $28.06, for May 12, 13, 14, 15 and 18, 1970, total $140.30, with claims continuing on the same basis for each subsequent work day, Monday through Friday, until violation is corrected.

 OPINION OF BOARD: Prior to May 11, 1970, the Carrier maintained an Agent and
 two clerical employes at Leavenworth, Kansas. The clerical
 employes, in addition to performing Carrier's clerical work, made inspections
 of damaged freight, handled salvage and made OS&D reports for the Missouri
 Pacific Truck Lines, a motor freight carrier which is a separate corporate
 entity from Carrier. Effective May 11, 1970, the two clerks' positions were
 abolished since the volume of rail work had decreased to the point where
 these positions were no longer needed. Thereafter, the clerical work was
 performed by the Agent at Leavenworth.

 The Organization contends that abolishment of these clerical positions violated the Memorandum o and the Missouri Pacific Railroad Co., the Texas and Pacific Railway Co., the Missouri Pacific Truck Lines, Inc. and the Texas and Pacific Motor Transport Co. The Memorandum


                    Docket Number CL-19243


It is the position of the Organization that the above Agreement reserves to clerks all clerical work in connection with the Missouri Pacific Truck Lines performed by clerks at the time of the Agreement. And since the two clerical employes at Leavenworth performed such work on February 1, 1967, Carrier violated the Agreement when it transferred said work to the Agent, an employee not covered by the Clerks'Agreement.

 The Carrier denies such contention on the ground that this Agreement did not freeze clerical positions at Leavenworth or any other point; that the Agreement only provided that clerks would perform Truck Line clerical work only as long as clerks were employed at that point; and that the Agreement contained no prohibi in question.

 The Board finds that Carrier's contentions are well founded. All the Agreement says is that if a clerical position is established or if one exists, it will perform Missouri Pacific Truck Line clerical work as well as Carrier's clerical work. The Carrier did not agree to maintain unneeded clerical positions for the sole purpose of handling Truck Line clerical work, irrespective of how minimal or sporadic such work may be. This clearly was not the intent of the parties when they entered into the Memorandum of Agreement nor can we supply s
The Agreement contemplates that Truck Line clerical work would be performed in the same manner as Carrier's clerical work. When the last clerical position at Leavenworth was abolished, the remaining clerical work was assigned to the Agent as has historically been done in the past. And since Truck Line clerical work is to be performed in the same manner as Carrier's clerical work, this too can be transferred to the Agent when the clerical positions were abolished. The Carrier did not agree to freeze its clerical force as of the date of the Agreement in order to perform the Truck Line work, and we are without authority to impose such a restriction in the absence of a clear, unambiguous contract to the contrary.

        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;
                    Award Number 19234 Page 3

                    Docket Number CL-19243


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.