(Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employees
 PARTIES TO DISPUTE:
 (Penn Central Company Southern Region
 ( (Formerly New York Central Railroad - Southern District)



Carrier violated the Rules Agreement at Hillsboro, Illinois on July 2, 9, 16, 23, 30 and August 6, 1966, particularly Rules 1 - Scope, 16(j) and 20, when it assigned the work of checking yards, making switch lists for Local Train and related work normally, exclusively and historically performed by Mr. T. L. Truxell, Clerk, to Mr. Wayne Washburn, Relief Assistant Agent-Operator -- an employee not covered by the Clerks' Agreement.

Carrier violated the Rules Agreement at Hillsboro, Illinois on August 13, 20, 27, September 3, 10, 17 and 24, 1966, particularly Rules 1 - Scope, 16(j) and 20, when it assigned the work of checking yards, making switch lists for Local Train and related work normally, exclusively and historically performed by Mr. T. L. Truxell, Clerk, to Mr. Wayne Washburn, Relief Assistant Agent-Operator -an employee not co


Carrier violated the Rules Agreement at Hillsboro, Illinois, on October 1, 8, 15, 22, 29 and November 5, 1966, particularly Rules 1 - Scope, 16 (j) and 20, when it assigned the work of checking yards, making switch lists for Local Train and related work normally, exclusively and historically performed by Mr. T. L. Truxell, Clerk, to Mr. Wayne Washburn, Relief Assistant Agent-Operator -an employee not covere


Carrier violated the Rules Agreement at Hillsboro, Illinois, on November 12, 19, 26, December 3, 10, 17 and 24, 1966, particularly Rules 1 - Scope, 16 (j) and 20, when it assigned the work of checking yards, making switch lists for Local Train and related work normally, exclusively and historically performed by Mr. T. L. Truxell, Clerk, to Mr. Wayne Washburn, Relief Assistant Agent-Operator -an employee not covere


(1) Carrier shall now be required to compensate Mr. T. L. Truxell for a two-hour call at rate of $22.734 per day under Rule 20 for each of the above dates.

 (2) Carrier shall now be required to assign all of Claimant's work of checking yards, making switch lists and related work on his rest days to employees within the Clerks' Agreement and in accordance with the provisions of said Agreement.

 OPINION OF BOARD: The four cases listed in the Statement of Claim have been
 condensed into one submission by mutual consent of both
 parties for the reason that all four cases consist of identical facts except for
 the dates. The Organization contends that prior to January, 1965, when Claimant
 was required to be off several weeks because of illness, Claimant performed the
 involved work including work required to be performed on his rest day, exclusively.
 The Organization further contends that while Claimant was off duty due to illness,
 Carrier assigned Claimant's work to a Relief Assistant Agent-Operator - an employee
 not covered by the Clerks' Agreement. The Organization further contends that 'on
 Claimant's return from sick leave to active service, the work which was a par, ,f
 his regular assignment 5 days per week and which Carrier still required to be
 performed on his rest days, had been taken away from his clerical position and
 given to a "Relief Assistant Agent-Operator" in order to give the latter a 5 day
 relief assignment. Carrier contends that this claim was filed on the basis of
 alleged protection under the terms of the February 7, 1965 Job Stabilization Agree
 ment; that under Article VII, Section 1, this dispute should be referred to a Dis
 putes Committee; and that this Board has no jurisdiction to hear this dispute. In
 the alternative, Carrier contends that employees represented by the Telegraphers'
 Organization and by the Clerks' Organization have performed the involved work at
 least three years prior to the instant claims without protest; and that under past
 practice, the involved work can not be designated as work belonging exclusively
 to Clerks.

 From the record, it appears that this case concerns itself with the "Work on Unassigned Days" Rule. Contained in this record are various conflicting statements and allegations concerning the question of whether or not the Relief Assistant Agent-Operator performed the involved work as part of his normal duties during his regularly assigned work week, as well as on Claimant's rest days. The record contains no probative evidence supporting the naked allegations or selfserving correspondence failed in its burden of proving that the Relief Assistant Agent-Operator did not normally perform the involved work during his regular assignment. It must, therefore, be concluded t the Relief Assistant-Agent-Operator during each of their regular assignments as part of their normal duties and that Carrier in this instance merely discontinued the calling of Claimant on his rest days, as Carrier had the right to do. Se Award 19220 by this Referee.
                  Docket Number CL-17758


        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.


                    A W A R D


        Claims denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                    ' By Order of Third Division


ATTEST:, I/
 Executive Secretary

        Dated at Chicago, Illinois, this 15th day of September 1972.