Francis X. Quinn, Referee


                Brotherhood of Railway, Airline and

                Steamship Clerks, Freight Handlers,


PARTIES TO DISPUTE: Express and Station Employee

              (Missouri Pacific Railroad Company


              STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7610) that:


1. Carrier violates and continues to violate Rule 44 of the Clerks' Agreement which became effective March 1, 1973, when it famed

 and refused to assign the work of weighing cars at Russellville, Arkansas, to employee covered by the Agreement, but allowed persons not covered by the Agreement to weigh care at that location. (Carrier's File 380-3113)

 2. Carrier shall now be required to compensate Star Agent R. T. Gramlich, eight (8) hours' pay at pro rata rate beginning March 1, 1973 and continuing each work day thereafter, Monday through Saturday, until the violation it corrected by assigning the work of weighing cars at Russellville to employes covered by the Agreement. Claim is in addition to any other compensation claimant has received for services rendered.

 OPINION OF BOARD: The record indicates that Rule 44 does not prohibit
 the Missouri Pacific Railroad Company from entering
 into a contract with the D & R permitting the D & R's use of the MP scale
 at Russellville for the weighing of D & R cars prior to interchange to
 the MP. We find no violation of the Agreement. Therefore, the claim is
 denied.

        FL1®INGS: 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 June 21, 1934;
                    Award Number 20999 page 2

                    Docket Number CL-20887


That this Division of the Adjustment Hoard has Jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                    A W A R D


        Claim denied,


                        NATIONAL RAILROAD ADJD$TWW HOAFD

                        BY Order of Third Division


ATTEST: 41

                  44 &OCR-

        Executive Secretary


Dated at Chicago, Illinois, this 12th day of March 1976.