(Brotherhood of Railway and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (New Orleans and Northeastern Railroad Company



(a) Carrier violated the Agreement at Laurel, Mississippi, when it abolished clerical positions and turned the work over to the Agent who is performing approximately e
(b) Carrier shall be required to compensate Mr. J. A. Mallett at his pro rata rate for each of the following dates: April 2, 3, 13, 14, 15, 16, 17, 27, 28, 29, 30, May 1, 4, 5, 6, 7, 8, 11, 12, 13, 14, 20, 21, 25, 26, 27,, 28, 29, June 1, 2, 3, 4 and 5, 1965.

OPINION OF BOARD: The claim alleges a violation of the Agreement when Carrier
abolished a general clerk position at Laurel, Mississippi,
and allegedly assigned clerical work to the Agent, an employe not covered by the
Agreement.

The Carrier contended on the property and in its submission to this Board that the Agent at Laurel, as well as all other agents on the N.O.& N.E. and Southern Rail of clerical work, and that the Agent at Laurel and the remaining clerical force could satisfactorily perform the remaining work after abolishment of the general clerk position.

The Petitioner has offered no probative evidence to overcome the contention of the Carrier or to The claim will, therefore, be denied.

FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:

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;

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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 14th day of July 1972.

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