(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Consolidated Rail Corporation ( (Former Lehigh Valley Railroad Company)

(a) Carrier violated the Rules Agreement, effective May 1, 1955, particularly Rules 1 (SCOPE), 3, 7 and the applicable Extra List Agreement established and maintained pursuant to the terms and conditions of Rule 26, when it utiliz to perform work assigned to Clerk-Caller-Messenger positions at Coxton, Pennsylvania, on the dates of May 9, 11 and 12, 1975.

 (b) Carrier be required to compensate Extra Clerk K. S. Thoma for one day's pay at the pro rata rate of the Clerk-Caller-Messenger position at Coxton, Pennsylvania for each of the three named dates, or May 9, 11 and 12, 1975.

 OPINION OF BOARD: The evidence of record clearly establishes that
 in prior cases and in previous handling on the
 Property, the Carrier and the Organization have agreed that the
 transporting of crews by automobile, although sometimes performed by
 clerks, does not, in fact, come within the scope rule negotiated in
 the Agreement between the Clerks and the Carrier. Therefore, the
 utilization of a taxicab company in the instant case does not violate
 the Agreement.



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


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: a-WRAaoce.-,

        Executive Secretary


Dated at Chicago, Illinois, this 31st day of March 1978.

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