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

1. The Carrier violated the currently effective agreement between the Brotherhood of Railway, Airline and Steamship Clerks and the Union Pacific Railroad Company when, on Robert A. Coates to set up outbound billing, a duty reserved to General Clerk J. A. Eiman during the hours of his assignment at the Pocatello, Idaho Freight Station during his regular work week.

 2. Carrier shall now be required to make Mr. Eiman whole by compensating him for wage loss suffe Carrier in the amount of five (5) hours and twenty (20) minutes at the time and one-half rate of pay of the position of General Clerk.

 OPINION OF BOARD; On Saturday January 3, 1970 Carrier called a cashier to
 assist in closing accounts as early as possible after the
 end of the year. During his period of service the cashier forwarded and received
 way bills.

 The Organization has processed this claim for a call for that date for the Senior General Clerk. It relies principally on Rule 41 (1) which reads:

Carrier resists the claim on two grounds. It asserts a lack of jurisdiction here because the Org Rule in making its claim. Further, Carrier says, the claim is bad because the Organization failed to prove that the duties complained of are not also assigned to the employee who performed them.
                  Docket Number CL-19302


Carrier's jurisdictional point is strongly argued, but on this record it is not persuasive. The contention is grounded in an alleged failure to inform Carrier effort to exhaust the possibility of agreement the point raised here would have much to commend it. However, the record shows that Carrier was well aware of the factual and Rule basis upon which the Organization relied. Carrier's Officer replied to the Orga
        "In reviewing the rules upon which the organization is relying for support, I fail to see where any substantive support can be derived from any of these rules. The provisions as contained in them were properly applied to the employes whose services were utilized."


Following this letter the parties held a further conference and Carrier reaffirmed its previous does not reflect either lack of disclosure or lack of effort to reach agreement by either party. Carrier's jurisdictional argument is unsupported by it.

 Carrier's assertion that the record shows that the Cashier performs the disputed duties during his regular workweek is without support. Carrier's Supervisor of Wage Schedules, in responding to the claim said:

        "With the exception of approximately 30 minutes overtime, the functions performed by the Cashier on the claim date were functions related directly to his position on assigned work days and were not functions normally performed by the

        General Clerk . "


The amount of time involved was disputed in further handling of the Claim. Carrier took the posi Clerk position. But nowhere in the record is there evidence that it withdrew from the recognition, implicit in the above statement, that the duties assigned to the Cashier on the: claim date were not al3o assigned to that classification during the regular. workweek.

        FINDINGS: The Third Division of the Adjustment Board, upuu the whole record and all the evidenro, finds and hn d--:


        'Chat the pai:ties waived or;l hearing;

                  Award Number 19274 Page 3

                  Docket Number CL-19302


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 violated.


                    A W A R D


        Claim sustained.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 22nd day of June 1972,