(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Norfolk and Western Railway Company

1. Carrier violated, and continues to violate, the Agreement between the parties when. they arbitrarily removed clerical work from under the Clerks' Agreement and assigned it to the Supervisory Agent, an employe not covered by arty agreement.

 2. Carrier shall be required to pay Mr. R. R. Rockey four (4) hours punitive pay for December 6, 1974, and for each day (except Sunday) thereafter that this violation is allowed to continue.

 OPINION OF BOARD: Claimant in this case was assigned to a position of
 Cashier at Carrier's freight station at Erie, PA.
 His assignment worked Monday through Friday with rest days of Saturday
 and Sunday. The claim before us asks for payment of four (4) hours at
 punitive rate "for each day (except Sunday)" beginning December 6, 1974,
 on the basis that Carrier allegedly "removed clerical work from under
 the Clerks' Agreement and assigned it to the Supervisory Agent, an
 employq not covered by the agreement."

 After having carefully reviewed the entire record as presented to this Board, we are unable to determine with certainty the course being pursued by Petitioner.

 It appears that the item of work which is the basis of dispute in this case is "demurrage and trailer report work." Petitioner contends, on the one hand, that this work was transferred to Erie, PA, from Wallace Junction PA, when the Agent-Operator at the latter location was abolished in hay, 1974. On the other hand, they contend that Claimant has performed this work as part of his regular assignment "for years.,"


Petitioner argues that Carrier removed the work from the Clerks' Agreement and assigned it to the Supervisory Agent while at the same time arguing that Claimant performs this work "on his five work days each week."

 Petitioner alleges that Rule 34 (Work on Unassigned Day Rule) was violated on Saturdays, yet offers no probative evidence to support that contention.

 From the status of the record in this case, the conflicting arguments and contentions of Petitioner coupled with the absence of proof relative to what actually occurred, this Board has no recourse but to dismiss the claim.

          FI27DIITGS: 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 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 -~-

          That the Agreement was not violated.


                      A W A R D ~-~ PAIAR 0 7 1978


          Claim dismissed.

                                      `~ J BER'~ P


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST
          Executive Secretary


          Dated at Chicago, Illinois, this 15th day of February 1974.