NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19238

THIRD DIVISION Docket Number CL-18954

William M. Edgett, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Chicago, Milwaukee, St. Paul and Pacific Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6815) that:

1) Carrier violated, and continues to violate, the rules of the Clerks' Agreement at Davis Junction, Illinois when on the Saturday rest day of the Clerk position, it assigns work regularly assigned to and performed by the occupant of the Clerk position on 5 days per week, Monday through Friday, to the Yard Conductor who is an employe not covered by the Clerks' Agreement.

2) Carrier shall compensate employe D. G. Horn for eight (8) hours at the time and one-half rate of Clerk Position 92100 for each Saturday retroactive 60 days from May the violation continues.

OPINION OF BOARD: Claimant has not shown that Carrier improperly assigned
work of his class 'to a conductor in violatibn of the Scope
Rule, or that the conductor performed work on Saturday which was a violation of
the Unassigned Day Rule. Therefore 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 Number 19238 Page 2

Docket Number CL-18954

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 31st day of May 1972.