(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Missouri Pacific Railroad Company

1. Carrier violated Rules 1, 2, 3, 5, 25 and 45 of the Clerks' Rules Agreement, at Monroe, Louisiana, when, beginning September 13, 1971, it required and/or permitted its Relay Manager, D. H. Crockett, to leave the Relay Office to perform clerical work in another office, six days per week, Monday through Saturday.

 2. Carrier shall now be required to compensate Mr. J. L. Ragland at the punitive rate of pay for the dates and time outlined below:



















OPINION OF BOARD: Upon a review of the entire record, the Board is of the view
 that the Organization has demonstrated, by probative evidence,
 Claimant's right to perform the work in question, subject only to a determination
 of whether the employees under the telegraphers' Agreement could appropriately
 perform this clerical work under the doctrine established in Award 615 and sub
 sequent determinations,

 1


In the case at issue, the Relay Manager was required to leave his office on the second floor of a building to report to another office on the first floor of the same building to perform the clerical work.

 Carrier has cited certain Awards upholding the right to require employees to travel certain distances to perform work. However, in those Awards performance of clerical work under an "ebb and flow" concept was not at issue.

 Award 615 (Swacker) was redefined by the same Referee in Award 636 and it was held appropriate to assign clerical work, existing or arising at, or immediately adjacent to, the post of the telegrapher. Award 9440 (Bernstein) considered various g issue.

 We view, with favor, the determination of Referee Carter in Award 4288:

        "We think the rule stated in Award 615, as limited by Award 636 and other subsequent Awards, means that telegraphers with telegraphic duties to perform ha to perform clerical duties to the extent necessary to fill out their time, but that said clerical duties must be incidental to or in proximity with their work See Award 3988. It was never intended that a telegrapher might be severed from his post and sent to an unrelated location to fill out his time, or, that clerical work might be taken from a clerical position at an unrelated point and brought to a telegrapher to be performed by him. Such an interpretation would permit an improper invasion of the rights of clerks under their agreement and render the positions of clerks very insecure."


See also Award 5785 (Wenke).

 The work in question was not existing or arising at, or immediately adjacent to, the post of the telegrapher, nor was it in close proximity. Accordingly, the Board
The claim seeks compensation at a punitive rate for certain specified dates and times. The record demonstrates that Claimant was under pay at the time of the violation. This Referee has recently held, in Award 19899, that full employment is not a deterrent to an award of damages, however, under the facts of this record, the Board is not disposed to grant compensation at the punitive rate (See Award 7816 (Smith)), but rather we will award compensation at the rate which the Claimant would have received had he performed the work iquestion. See Award 97
                  Award Number 19978 page 3

                Docket fi=ber CL-19978


        FIIIDI1sS: The Third Division of the Adjustmcat Board, upcn 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 Adjust~r3nt Board has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                      A W A A D


        Claim No. 1 is sustained.


        Claim No. 2 is sustained to the extent stated in the Opinion.


                            KATIOILAL RAIUCAD ADJUSTIw17T BOARD

                            By Order of Tb ird Division


ATTEST:--Ja-~V' 644logm

        hxecutive Secretary


Dated at Chicago, Illinois, this 28th day of September 1973.