Frederick R. Blackwell, Referee


        (Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employees PARTIES TO DISPUTE: ( (St. Louis Southwestern Railway Company


                    STATEMENT OF CIAIM: Claim of the System Committee of the Brotherhood (GL-7209) that:


        (11 Carrier violated the Clerks' current Agreement beginning Wednesday May 5, 1.971, when it beg delivery of waybills, Interchange reports, etc..


        (2) That General Clerk A. W. Tinnin now be paid one (1) hour at the time and one-half rate beginning May 5, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 29, 30, 31, June 1, 2, 5. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, July 3. 4, 5, 6, 7, 10, 11, 12, 13, 14 and likewise for each day thereafter until violation is corrected.


        (3) That General Clerk C. N. Ramsey now be paid one (1) hour at the time and one-half rate beginning May 6, 7, 13, 14, 20, 21, 27, 28, June 3, 4, 17, 18, 24, 25, July 1, 2, 8, 9, 15, 16, and likewise for two (2) days out of each seven (7) thereafter until violation is corrected.


        OPINION OF BOARD: A local delivery of waybills, interchange reports, and com

        pany mail was made by claimants until it was changed to

        delivery by taxicab on May 5, 1971. The claim is that the taxicab delivery

        violated the Agreement and that a compensatory award is warranted.


        Carrier asserts a complete bar of the claim and a partial bar of the claim on grounds of time limits violations; also, that the Scope Rule, being general, required the Organization to prove exclusive, system-wide assignment of the delivery work, which it has failed to do.


        The basis of the asserted1complete bar under time limits is that the Agent who initially disallowed thi4'claim on Carrier's behalf was never notified by the Organization of the rejection of his decision. The record shows that this issue was not raised on the property and, therefore, we shall not consider it now. Carrier's partial time limits defense relates to Carrier letters of May 8, 13, and 15, 1971; these letters disallowed the. Tinnin claim for May 5, 8, 9, 10, 11, and 12, and disallowed the Ramsey.claim for May 6, 7, 13, and 14, 1971. The Organizations appeal regarding these claim dates was made. on July 17, 1971. Thus the appeal was not taken within 60 days of the date of their disallowance and the claim for the foregoing dates are accordingly barred.


. I
                  :ward 'air.ibor 19861 Page 2.

                  (locket (;umber CI,-1997:


We now come to the merits of the remainder of the claim and find that, as asserted by carrier, the instant Scope Rule is a general one and that the complaining employees have not met their burden of proving exclusive, systemwide performance of the Board has recently ruled against a similar claim in a dispute involving these same parties and this same property. Tn Award 19534 the Clerks' filed a claim when the Carrier discontinued the movement of mail by bus in favor of movement in freight cabooses. Carmen moved the -ail From yard office to the caboose, and the clerks claimed tile work. In denying the claim this Board stated:

        "The Board's rIrtci,ions on this property, between these. parties, have held this Scope rule to he 'general' and required a showing of exclusive system-wide assignment in order to claim an exclusive right to w<rrk, 'flat burden h try claimants and a denial award :s honorrtrc rorritrod."


Essentially the same considerations :!.t,:n ht IL as were I·rornnted in the above cited Award and we shall deny this claim also_

        FINDINGS: The Third Division of the Adfustmcnt i:uard. upon the whole record and all the evidence, finds and it-We:


        That the parties waived oral h.naring;


That the Carrier and the Employes Involved in Lill-; dispute are respectively Carrier and Employes within the m:aning of the railway Labor Act, an approved June 21, 193'.;

 That this Division of the Adjustment hoard has s(trisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                      AWAP 17


        Mile denied.


                            MA'f10NAL RAILROAD ARTIISTMENT 130ARD

                            tSy Order of Third Division


Arrest:
        Executive Secretary


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