(Brotherhood of Railway, Airline and Steamship ( Clerks, Freight Handlers, Express and Station ( Employes PARTIES TO DISPUTE: (Elgin, Joliet and Eastern Railway Company



1. The Carrier violated the rules of the effective Clerks' Agreement, particularly the Memorandum of Agreement, dated July 23, 1969, when on Tuesday, April 3, 1973, it required and/or permitted an employe not covered by the scope of the governing Agreement to perform work covered by the scope the
2. The Carrier shall now be required to compensate Input/ Output Technician Marilyn Maleck eight (8) hours' pay at the time and one-half rate of an Input/Output Technician's position for Tuesday, April 3, 1973.

OPINION OF BOARD: Like its companion cases the instant claim alleges
violations of the Clerks' Agreement and a Memorandum
of Agreement dated July 23, 1969 when certain supervisory employes out
side that Agreement operated teleprocessing devices to retrieve infor
mation from Carriers computerized Car Control System. .

The record in this case shows that one E. Trajkovski, Foreman of Building Services, operated a telep Machine) on Tuesday, April 3, 1973 at some time between 4:00 P.M. and Midnight. The record does not indicate for what purpose the Maintenance Supervisor was operating the but Carrier stated it was for information retrieval or "Output" purposes relative to the "whereabout Marilyn Maleck was the Input/Output Technician on duty on a relief assignment at the time Trajkovski operated the teleprocessing device.

For reasons set forth in greater detail in Award 21050 we shall sustain the claim. Relative to damages, the record does not show precisely how much work Trajkovski performed. Claimant was the regularly assigned relief and was working at the time the violation occurred. We find no basis for payment of eight (8) hours and sustain the claim only to the extent of a minimum call of three (3) hours per Rule 43.



        FINDINGS: The Third Division of the Adjustment Hoard, 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 Hoard has ,jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                    A W A R D


        Claim sustained to the extent indicated in the Opinion.


                          NATIONAL RAILROAD ADJUSTMENT HOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 29th day of April 1976.