(Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 ( Express and Station Employes
 PARTIES TO DISPUTE;
 (The River Terminal Railway Company

1. Carrier violated the effective Clerks' Agreement, particularly the Memorandum of Agreement, dated December 1, 1977, when on Tuesday, March 14, 1978, it required and/or permitted an employe not covered by the scope of the governing Agreement to perform work covered by the scope thereof.

 2. The Carrier shall now be required to compensate Clerk Robert Fuldauer eight (8) hours' pay at the time and one-half rate of his position of Chief Timekeeper ($63.84 per day) for Tuesday, March 14, 1978.

 OPINION OF BOARD; The Claimant, Mr. Robert Fuldauer, was assigned as Chief
 Timekeeper on March 14, 1978, and was the senior fully
 covered employe in the General Office. He alleged that Comptroller R. Spitler
 violated the parties' Scope Rule and Section 7 of a Memorandum of Agreement,
 dated December 1, 1977, by operating certain teleprocessing devices of a
 newly installed computer system. The remedy sought is eight (8) hours' pay
 at the time and one-half rate of his position of Chief Timekeeper.

 Prior to September 8, 1977 the Carrier decided to install a computer with various teleprocessing devices to accommodate work previously performed manually by Bill Clerks and Car Record Clerks in the General Office. Negotiations on an implementing on December 1, 1977 a Memorandum of Agreement was entered into, which reads in pertinent part as follows;





On December 27, 1977, Clerical Advertisement No. 804 was issued, describing two new Input/Output Technician-Clerk positions as follows:

        "Operate IBM 3742 and IBM System/32; to perform necessary clerical functions as directed by the Secretary Treasurer and/or Agent and their assistants."


On Tuesday, March 14, 1978, the Claimant observed Comptroller Spitler, an employe not covered by the scope of the basic agreement, operating the teleprocessing devices of the IBM 3742 System by running yard checks, i.e., securing car numbers, locations, contents, arrival dates, etc., which the Organization alleges is work regularly performed by the incumbents of Input/Output Technician-Clerk positions.

 The only defense raised by the Carrier on the property was that the Comptroller did not perform clerical work. Carrier also asserted that the Organization failed to establish its claim by a preponderance of probative evidence.

 This Board disagrees and finds that the Organization carried its burden of proof. The Organization submitted a statement signed by the Claimant and five other employes who witnessed the violation. The alleged violation was adequately detailed, i.e., securing car numbers, location, etc., and the work was within the parties' Scope Rule.

        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 Agreement was violated

                      Award Number 22988 Page 3

                      Docket Number CL-22932

                      A W A R D


        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST; 44~· /

        Executive Secretary


Dated at Chicago, Illinois, this 29th day of September 1980.