(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

 STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
 GL-7972, that:

 (a) The Carrier violated the Rules Agreement, effective February 1, 1968, particularly the Scope Rule, Rule 5-C-1 and other rules, as well as Extra List Agreement No. 20(o) when they assigned and permitted Trainman J. W. Emery, Conductor on STS-1 and 2 operating West Brownsville, Pennsylvania to Shire Oa!cs. Pennsylvania and return, the duties of making a physical track check of cars at Shire Oaks, Pennsylvania yard, instead of using the available claimants.

 (b) The following named persons each be allowed eight (8) . hours at the pro rata rate of $39.42 for each date beside their names
 account of the violation:
 Case 143-72
 D. M. Vojnik September 15, 22, 1972
 H. E. McCann September 16, 18, 1972
 J. H. Branch September 17, 1972
 T. J. Thoburn September 19, 1972
 W. P. Veres September 21, 28, 1972
 J. F. Jobes September 23, 1972
 T. J. Pyda September 26, 1972
 J. F. Dobosh September 27, 1972
 C. E. Vesley September 29, 1972











        Case 44-73

        D. M. Vojnik December 1, 7, 13, 20, 22, 23, 27, 1972,

        January 4, 6, 8, 14, 19, 25, 1973

        H. E. McCann December 2, 6, 9, 16, 26, 28, 29, 1972,

        January 3, 9, 10, 16, 21, 30, 1973

        T. J. Thoburn December 3, 10, 14, 19, 21, 30, 1972,

        January 5, 11, 13, 18, 23, 26, 1973

        E. B. McCisker December 5, 8, 12, 15, 1972,

        January 2, 7, 12, 17, 20, 27, 30, 1973


OPINION OF BOARD: In November 1971 the last clerical position
 remaining in existence at Shire Oaks was
 transferred to Clairton. Some ten months later Carrier instituted a
 local freight train operation to work from West Brownsville to Shire
 Oaks and return. At Shire Oaks, the turnaround point for the local
 freight train involved, the train crew would set out the cars destined
 Shire Oaks and beyond and would then pick up cars left at Shire Oaks
 by another train in local service, which cars were destined to West
 Brownsville or were to be "pedaled" or set out at points between Shire
 Oaks and West Brownsville by the local freight on its return trip.
 On occasion, the conductor of this local would, while at Shire Oaks,
 line up the cars in his train (i.e., "block" them) for easier handling
 en route to his terminus at West Brownsville. The conductor's actions
 at Shire Oaks resulted in the instant claims.

 Carrier contends that the work performed by the conductor is work properly a part of his responsibilities inasmuch as he is responsible for the proper handling of cars in his awn train and he handled no other cars.

 The handling of the cars in his own train which was picked up at Shire Oaks was not shown to have been any different from the handling of cars picked up or set out by this train at points between Shire Oaks and West Brownsville.

 The Board concludes from the record that the conductor did not invade any rights of clerks. There is no showing that any handling was given to any cars not included in his own train. Consequently the claim will be denied.

 FINDINGS: The Third Division of the Adjustment Board, upon the whole
        record and all the evidence, finds and holds:


        That the parties waived oral hearing;

                    Award Number 21595 Page 3

                    Docket Number CL-21408


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 Board has jurisdiction over the dispute involved herein; and

        The Agreement was not violated.


                      A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: 49-4/1 PAWoZ~
        Executive Secretary


Dated at Chicago, Illinois, this 30th day of June 1977.