(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE: (St. Louis-San Francisco Railway Company

(1) Carrier violated the agreement between the parties at Birmingham, Alabama on May 4, 1970 when it required and permitted an employs excepted from the schedule agreement to perform a full eight hours of the duties assigned to and regularly performed by the Chief Clerk-Cashier at that point, depriving the employs rightfully entitled to the work of penalty time in the performance thereof.

 (2) Carrier now be required to compensate Claimant J. W. Parker for eight hours at the penalty rate of Chief Clerk-Cashier Position No. 1 at Birmingham, Alabama, rate $29.952
OPINION OF BOARD: The issue in this case is the propriety of the Carrier's per
 mitting the Traveling Auditor to complete the work of a Chief
 Clerk Cashier which had fallen behind and was not current. The Organization con
 tends that this was not a proper assignment of a Traveling Auditor because his
 category is excepted from the Schedule Agreement and the Chief Clerk Cashier is
 covered by the Agreement. The Carrier contends that it was a proper assignment
 because Traveling Auditors are covered by the Scope Rule of the Clerks' Agreement
 effective January 1, 1946.

 The Organization claims that in Award #19460 by Referee Devine this Board held that in the absence of clear rules to the contrary, Carriers are prevented from turning work of employees of one seniority district over to employees of another dist the auditor here was work ordinarily and customarily performed by Traveling Auditors. Award 419460 is not applicable in this case because it dealt with the removal of work from one seniority district to another. In this case involving a Traveling Auditor, his responsibilities require that he go from station to station on the Carrier's line of road and there is no denial that when he is at the station it is his duty to see that the accounts at that station are current.

 This Board has held in innumerable cases, notably 3866 Douglas, 4235 Carter, 7821 Smith, that effective with the January 1, 1946 Agreement between the parties, Traveling Auditors are covered within the scope of the Agreement and therefore it was not a violation of the Agreement for the Auditor to perform any work. The Traveling Auditor was properly assigned to Birmingham; he audited and completed the records as part of his duty to see that the records were properly made and that the accounts balanced, and he then issued his auditor's report.


The Organization further claims that the Carrier violated Rule 46, Advance Notice of Overtime, and Rule 48, Authorizing Overtime, by not giving the Chief Clerk Cashier overtime to complete his work. The Carrier contends that Rules 46 and 48 do not apply. This Board finds that these rules do not apply because the claimant had not worked any overtime from April 8, 1970 to May 15, 1970 and there is no proof that any overtime was worked by the Traveling Auditor.

 It has been well settled dicta of this Board that the Carriers can determine the way in which work is to be performed in the interest of economy and efficiency, except as limited by law or the Agreement of the parties (See Awards #12419 Coburn, 12928 McGovern, 12929 McGovern, 14493 Wolf, 16458 Meaigh, 16639 McGovern, 18012 McGovern and 18558 Ritter).

        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 Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved ,Tune 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


        The claim is denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: Or.
        ~~ i

        Executive Secretary


Dated at Chicago, Illinois, this 27th day of February 1973.

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