(Brotherhood of Railway,: Airline and Steamship Clerks, ( Freight Handlers, Express:.and Station Employees' PARTIES TO DISPUTBc ( . (The Baltimqre;and Obio Railroad Company


and unilaterally remqved.-work-from the scope of such4greement, and refused to
 return and asstgn.such,work.ta a.position and/or positions under the scope of
 the Agreemepti and :. ., .. ,

 (Z)-. That R,.H.-Laign,,Martinsburg, N_ Va., shall now be paid for one (1) day each date on December 1, 2,.3; 6 _ 7, $,<9; 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 27, 28 _29'and 30, 1945 and each subsequent date of record, at the rate of $20.99;,per day,(plus any subsequept.wage.increases and/or applicable 'ate adjustments) until .such work4is.preperly assigned and/or restored to a position; and/or positione,:under the. scope of the Clerks' Agreement.

OPINION OF BOARD :>., In Decembex;af 1965,.G1erical.positions at Cumber Office, a
 point within Martinsburg.Yard; were transferred to the Mar
 tinsburg office. Prior to that times -the loading at Blair Quarry was brought
 into Cumber where. it was checked:by Yard. Clerks.. This check consisted of getting
 the car number and light-weight$,of the Blair cars'from the Yardmaster or copy
 ing them directly, ,from.,the-Yard-Foreman.. When the Clerical positions at Cumbo
 were transferred to Martinsburg Yard Office, this practice was discontinued and
 instructions were issued to the Yard Foreman an the Yard Crews switching Blair
 Quarry that they were to list the number and light-weight of each car placed
 or pulled by them at Blair Quarry and convey this information to the Yard Clerks
 MartinsburgYard office verbally,over the telephone: The Organization contends
 that this,operational. change resulted in a diversion of the Clerical work in
 connection with the outbound loading from -the·Quarry, such as, transfer of the
 physical track check from positions under the scope of the Clerks' Agreement to
 positions covered by the Trainmen's Organization. Carrier denies that this action
 is a violation of the Agreement for the reason that the Scope Rule of the Clerks'


Agreement does not confer Clerical employes the exclusive right to listing of cars left or picked up at industries and that on this property, work of this nature has traditionally and customarily been performed by Conductors and Yard Foremen as incidental to their primary duties. Carrier also contends the fact that work of this sort has~been assigned to Clerical employes at a specific point does not preclude Carrier from changing his operation so long as the change is in no way violative of the provisions of the Clerks' Agreement.

 This claim concerns itself with the physical track check made in preparation for an outbound tra be used in billing. This work was performed by Yard Clerks at the Cumbo site and was removed from the Yaid Clerk positions where the site of the positions was changed from one point within Martinsburg Yard switching limits to another point within these same limits; and the site of some of the work performance to a third point within the same switching limits. Special Board of Adjustment No. 192 in its Award in Docket No. 91 interpreted the Scope Rule involved in this case. This award is found to he controlling in this instance. This Award held that once work is placed under the Clerks' Agreement, it can not be removed from and given to o Rule 1(0 4 does not stand alone, but is-interdependent with 1(c), 1, 2 and 3. This Award also held that Rule l(c) is a limitation on the so-called "Ebb and Flow" Doctrine. It applies only in situations where-a position covered by the Clerks' Agreement is abolished. This Award held that under that Rule when work is assigned to a .given position under the Clerks' Agreement and that position is abolished, the work must be-assigned in. the first instance to a position or positions covered by the Agreement, if one existed at the location. This is true even if the work on the abolished position is incident to or directly attached to the primary duties of another craft or class. This is not to say that work incident to and directly attached to the primary duties of another craft as set out in Paragraph 4 of Rule 1(c) may not be performed by employes other than the Clerks, but simply that once such work has been assigned to a position covered by the Agreement at a given location, it can not "flow back" to the class or craft to which the work is incident, if the clerical position is abolished and another position or positions covered by the Agreement exists at the location where work of the abolished position is to be performed. Therefore, this claim will be sustained.

 However,, the amount claimed is found to be excessive. Therefore, we will award two hours pay at the rate of a Yard Clerk at the Cumbo segment of the Martinsburg Yard for each day the violation exists.
          Award Number 19320 Page

          ' Docket Number CL-18140


        FINDINGS: The Third Division of the Adjustccnt 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 violated in accordance with the Opinion.


                      A Td A R D


        Claim sustained to the extent indicated in the Opinion and Findings.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


ATTEST: &4&0"Vel 04
 Executive Secretary

        Dated at Chicago, Illinois, this 30th day of June 1972.

              DISSENT OF CARRIER MSS TO AWARD N0. 19320,

              DOCKET N0. CL-18140


        The Neutral in Award No. 19320 states:


            "Special Board of Adjustment No. 192 in its Award in Docket No. 91 interpreted the Scope Rule involved in this case. This award is found to be controlling in this instance. * * * It applies only in situations where a position covered by the Clerks' Agreement is abolished. This award held that under that Rule (Rule lc) when work is assigned to a given position under the Clerks' Agreement and that position is abolished, * * *."


There was no abolishment. The clerical positions at Cumbo Office, a point within Martinsburg Yard, were transferred to the Martinsburg Yard Office. The Carrier submitted and the employes conceded that no rule in the Clerks' Agreement restricts the
As the Carrier pointed out the work required of the yard foremen on the Martinsburg Yard Turns was an integral part of their assigned duties. On this property for a period of many years, conductors and yard foremen have been properly required to perf connection with their daily assignment. This method of operation has become accepted practice on thi requirement appears in the Carrier's Book of Operating Rules. The protested work here is covered by Rule 907 of the Operating Rules effective April 26, 19;3 which reads as follows:

            "They will make out promptly all reports required of them and forward them promptly at the end of each trip.


            "They will keep a record of any occurrence of importance, including severe shocks to trai


Rule 907 appears in that group of operating rules particularly applicable to conductors and yard foremen. foremen to prepare reports required of them appeared as long ago as the Book of Operating Rules that was effective August 1, 1917 and has appeared in successive revisions since that date.
                        _ 2 -


The record before the Neutral showed conclusively an extensive background and prolonged practice the reports with which we are here concerned.

 In support of that position other Special Hoard Awards on this property, and Awards of the several divisions of this Board, were given to the Neutral but he chose to sc;lect the Award in Docket No. 91, Special Board of Adjustment No. 192.

 As can readily be observed Rule 1(c) applies only in situations where a position covered by the Clerks' Agreement is abolished.

 The neutral was advised that the fact that the work of this sort has been performed by clerical employes as well as conductors and yard foremen as an integral. part of their assigned duties does not preclude the Carrier from changing its operation so long as the change in no way violates the provisions of the Clerz Agreement. In this connection, the employes have failed completely to offer any evidence whatever to support their position.

        The Award is palpably erroneous and we dissent.


                                R. F. M. Braidwood


                                P. C. Carter


                                6o,p 12-

                                W. B. Jone


                                G. L. Naylor