(Brotherhood of Railway, Airline and Steamship ( Clerks, Freight Handlers, Express and Station ( Employes PARTIES TO DISPUTE: (Robert W. Blanchette, Richard C. Bond and John ( H. McArthur, Trustees of the Property of ( Penn Central Transportation Company, Debtor

(a) Carrier violated the'Rules Agreement effective February 1, 1968, particularly the Scope Rule 4-F-1 2-A-1 and the Extra List Agreement, by allowing the Freight Agent at Charleroi., Pennsylvania t o perform the duties of preparing waybills, picking up bills of lading from shippers and delivering them to the Freight Agent Clairton, Pennsylvanis, handling railroad une of Carriers at Charleroi and Allenport, preparing AD 1580 Work Orders for Train Crews and other miscellaneous clerical work when Claimants were available and should have been called for work.

 (b) The following be allowed eight (8) hours pay at the appropriate pro rata rate of pay for each date following their names; account of violation:

 D. M. Vojnik October 11, 12, 13, 14, 15, 18, 19, 20, 21, 25, 1971.

 W. P. Veres, October 22, 26, 27, November 2, 3, 9, 10, 16, 17, 1971.

 T. J. Thoburn October 28, 29, November 1, 4, 5, 8, 11, 12, 15, 18, i97l-

 OPINION OF BOARD: Prior to June 1, 1971, the Station Department force
 located at Charleroi, Pennsylvania, consisted of an
 Agent and three (3) clerical employes whose positions were identified as
 follows:





                      Award Number 21348 Page 2

                      Docket Number CL-21280


On June 1, 1971 the incumbent and the work assigned to position F-646 were transferred from Charleroi to Shire Oaks, Pennsylvania. This position was-subsequently again transferred to Clairton, Pennsylvania, effective September 9, 1971. Beginning September 1, 1971., the remaining DICCS operations at Charleroi as well as the equipment used in such operations, were transferred to F-645 at Charleroi was abolished. On October 8, 1971, the work performed by the outbound billing clerk was transferred to Clairton and the incumbent of position F-40 transferred to that location wi 8, 1971, the only employs remaining at Charleroi was the Agent.

 On the Claim dates in this dispute, Claimants D. M. Vojnik and ". J. Thoburn held positions XG-4-and XG-7, respectively, on Group 1 Extra List No. 20 maintained.at West Brownsville, Pennsylvania, to cover vacancies and extra work in the T position:RG-4,.until he was displaced on October 20, 1971, and thereafter on October 29, 1971,..he was furloughed. .

 Claimant_W. P. Veres held regular clerical position, C-337 in the Transportatiq4 ;Department at'West Brownsville, tour of duty 11:00 i~=7:~.:APd daily except Tuesday and Wednesday.

 In.essence the Claim, alleges that: (1) on each of the Claim dates the Agent, at -Charleroi performed four or more hours of work formerly performed by the occupants of the three (3) abolished clerical positions at that point; (2) Claimants were available on the respective Claim dates shown in paragraph (b) of the Claim and Carrier was contractually obligated to call them to perform the work involved; and (3) Carrier is obligated to compensate each Claimant in the amount prayed for in parag'aph.(b):Qf the Claim.

 During the course of the handling of this dispute on the prop.. erty,Organizationcited a, plethora of Rules and Awards that it contended supported the Claim. From its study of the record this Board concludes that the pivotal Rules of the Agreement applicable in the adjudication of the dispute are:, .

                        SCOEE


          Group 1 - Clerks as defined in the following paragraph:


          Clerk - An employ who regularly devotes not less than four. hours per day to the writing and calculating incident to keeping records and accounts, writing and transcribing letters, bills, reports, statements and similar work ...except as provided in Rule 3-C-2 ....

          ... , Aware Number -21348 Page 3

          Docket Number CL-21280


        "RULE 3-C-2-ASSIGMNT of WORK


        (a) When a position covered by this Agreement is abolished, the work previously assigned to such position which remains to be performed will be assigned in accordance with the following:


        (1) To another position or other positions covered by this Agreement when such other position or other positions remain in existence, at the location where the work of the abolished position is to be performed.


            (2) In the event no position under this Agreement

        exists at the location where the work of the abolished position

        or positions is to be performed, then it may be performed by

        an Agent, Yard Master, Foremsn, or other supervisory employe,

        provided that less than four hours' work per day of the abol-

        ished position or positions remains to be performed a d fur

        ther provided that such work is incident to the duties of an

      ·-~->:-x> .tj,Yard Master, Foreman, or other supervisory employe. .::;(,Emphasis. added).


        (3) Work incident to and directly attached to the primary duties of another class or craft such as preparation of time cards, rendering statements,or reports in connection with performance of duty,tickets collected, cars carried in trains, and cars inspected or duties of a similar character, may- be,performed by employes of such other craft or class.


        (4) Performance of work by employes other than those covered by this Agreement in accordance with paragraphs (2) and (3) of this rule (3-C-2) will not constitute a violation of any provision of this Agreement. "


The record before the Hoard contains no substantial material and relevant evidence of probative value that on the Claim dates the Agent at Charleroi performed four (4) or more hours of work that had been performed by the occupants of the three (3) clerical positions at that point before these positions were abolished. Therefore, the Board is compelled to dismiss the Claim for failure of proof.
                    Award Number 21348 page 4

                    Docket Number CL-21280


        FIIQDIRGS; The Third Division of the Adjustment Hoard, upon the whole record and all the evidenbe, 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;

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

        That the Claim must be dismissed for failure of proof.


                    A W A R D


        Claim dismissed.


      · NATIONAL RAILROAD ADJUSTMENT HQARD

      By Order of Third Division


ATTEST:
          Executive Secretary


Dated at Chicago, Illinois, this 16th day of December 1976.

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