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

1. Carrier violated the Clerks' Rules Agreement at Fargo, N, D, during
 the period March 7, 1967 to April 17, 1967, when it required or permitted the
 Agent, an employe not covered by the scope and application of the
 Clerks' Agreement, to perform the clerical work of Chief Clerk Position No. 70460
 during the absence of the regular occupant.

 2. Carrier shall now be required to compensate employe R, F. Holty for eight (8) hours at the pro rata rate of Position 70460 for each work day of that position during the period March 7, 1.967 to and including April 17, 1967.

 OPINION OF BOARD: From March 7, 1967 to April 17, 1967, Employe Person, occu
 pant of Chief Clerk Position 70460, was absent because of
 sickness and vacation. During this absence, Carrier required or permitted the
 Agent, an employe of a class and craft not covered by the Clerks' Agreement, to
 perform the duties of the absent Chief Clerk. The Organization contends that
 Carrier was obligated by the Agreement to call and use the Senior furloughed
 Clerk who was available and subject to call to fill this vacancy. Carrier main
 tains that there was no rule violation and that Third Division Award No. 12148,
 a denial award, is controlling in this dispute. Carrier also contends that the
 work involved in this dispute was not exclusively performed by occupants of the
 Clerk's position.

 This Board finds that Carrier's contentions are well taken. The work involved in this dispute was interchangeable between the Agent and the Chief Clerk. In this dispute, the organization has failed to sustain its burden of proof that the involved work is exclusive to Clerks.

 Also, Award 12148 (Engelstein) is found to be controlling in this dispute. Award 12148 established the principle that station work at Fargo, North Dakota, is interchangeable between Clerks and Agent, and is not specifically reserved in the Scope Rule to the Clerks. Said Award involves the same parties at the same location. This claim will be denied.


        FINDING'.: The Third Division of the Adjuscrent Board, upon the c:hole record and all the evidence, finds and holds:


        That the. parties waived oral hearing;


That the Carricr and the Employes _nvolved in this dispute are respectively Carrier a-nd T'mployes within the m.=anino of the hailway Labor Act,

 as unproved 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 IT A R D


        Claim denied.


                            NATION'-%L RAILROAD ADJLS1i·L\T BOARD

                            By Order of Third Division

ATTEST: Ora

        Executive Secretary


Dated at Chicalgo _Illinois, this 30th day. of June 1972.