(Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 Express and Station Employes
 PARTIES TO DISPUTE:
 (The Detroit & Toledo Shore Line
 ( Railroad Company

1. The Carrier violated and continues to violate the effective Clerks' Agreement, when, on or about March 14, 1977, it required and/or permitted an employe not covered by the scope of the Agreement to perform certain work of picking up materials for the Stores Department which work is reserved for employes covered by the Scope of the Agreement.

 2. The Carrier shall now compensate Furloughed Employe Karen Adams for eight (8) hours' pay at the pro rata rate of the Chief Clerk - Motive Power and Equipment position for March 14, 1977 and for each date thereafter that a like violation occurs.

 OPINION OF BOARD: The Employes contest Carrier's actions of
 permitting the "picking up of supplies" - such
 as janitor supplies, hardware, automotive supplies, etc. - by
 individuals other than employes covered by the scope of the Clerical
 Agreement. In this regard, the Organization stresses that Rule 1(b)
 provides that any work or function of storehouse employes "...now,
 heretofore or subsequently assigned...shall continue to be ...subject
 to this agreement irrespective of any change in the means by which
 such work or function is or may be performed."

 In its- response to the claim, Carrier has noted a number of defenses. It insists that the claim is "vague and indefinite", untimely filed, not of a "continuing nature" and without basis on the merits.


We are inclined to agree that-the Employee have failed to prove a violation. After repeated review of the lengthy correspondence exchanged on the property, me-are still unable to pinpoint - with any degree of certainty - precisely the actions which prompted this claim- Moreover, except for certain conclusionary expressions, we find no evidence which convinces us that-the Carrier removed work from these employes in violation of the cited Scope Rale.

        FINDINGS: The Third Division of the Adjuatment 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.respectivelyCarrier 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. claim be dismissed.


                    A W A R D


        Claim dismissed for failure of proof.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: 94-AV

        Executive Secretary


Dated at Chicago, Illinois, this 17th day of September 1979.