( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8768)

 (a) The Southern Pacific Company violated the Clerks' Agreement extant when it removed the work of Positions 92, 93 and 94, R & D Clerks, from employes covered thereunder and turned over such work to employes of outside companies; and,

 (b) The work of Positions 92, 93 and 94 shall now be returned to employes covered by the Clerks' Agreement; and

 (c) Employes L. G. King, W. L. Sexton and M. J. Morris, their substitutes and/or successors, if any, shall be paid one additional days' pay each at the pro rata rate of R & D Clerk for May 5, 1969, and each calendar day thereafter.

 OPINION OF BOARD: Claimants held assignments as R & D Clerks at the Waterway
 Terminal, MacDonald's Dock and Columbia Basin where they performed certain duties, the primary of which were to check car loadings for correct count, condition of lading and proper loading. Effective May 5, 1969, the Carrier removed the Claimants from their duties at the stated locations and subsequently abolished the positions that the Claimants had held. The organization contends that the Carrier transferred the work of the positions previously held by Claimants to employes of other companies outside the scope of the Clerks' Agreement and, hence, in violation of same.

 The only claim properly before this Board is an allegation of a violation of the Scope Rule. On the merits that claim must fail. There is no evidence in the record whatsoever that the Carrier turned Clerks' work over to employes outside the Agreement. I accurate the count and condition of shipments loaded into freight cars. This does not constitute a violation of the Agreement.



        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 not violated.


                      A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


            ATTEST: . ~~r~/Q.J Executive Secretary


            Dated at Chicago, Illinois, this 30th day of January 1981.