(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific
( Railroad Company



1) Carrier violated, and continues to violate the, Clerks' Rules Agreement at Aberdeen, South Dakota, when it abolished Operator Position No. 72330 on July 30, 1976 at 4:00 p.m. in Seniority District No. 139, and unilaterally assigned the work normally attached thereto to an employe outside the scope and application of the Clerks' Agreement.

2) Carrier shall now be required to compensate employe D. E. Joneson an additional eight (8) hours at the pro rata rate of Position No. 72330 retroactive to August 2, 1976 and continuing thereafter for all subsequent work d is corrected.

OPINION OF BOARD: Position 72330 was abolished at Aberdeen, South
Dakota effective 4:00 p.m., July 30, 1976, and
certain work associated with that position was transferred to the
Assistant to the Superintendent.

The Employes assert that the Carrier has violated the Scope Rule of the agreement, among others, by arbitrarily assigning work "...normally done by operator ...to an employe not covered under the scope and application of the Clerks' Rules Agreement."

The Carrier denies a violation, pointing out that the Scope Rule in question has been determined to be, on a number of occasions, general in nature, listing positions - but not work, and Carrier urges that the Employes have failed to show that the Scope Rule gives them exclusive rights to the performance of the claimed work.



Unquestionably, in this type of a case, the Employes have a burden of showing an exclusive system-wide performance of the work claimed in the dispute. Limiting our review to the matters which were raised and considered while the matter was under consideration on the property, (and thus properly before us) we find that the Carrier has maintained that the duties in question were performed by Supervisors of car utilization at various points on the property and that the operator of the abolished position, when performing certain duties, was merely assisting the Supervisor.

The Employes presented nothing to us on the property which would warrant our making a contrary finding, and we will dismiss the claim because of a failure of proof.

        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;


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 claim be dismissed.


                    A W A R D -


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: fiV t
Executive Secretary

        Dated at Chicago, Illinois, this 14th day of December 1979.