(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers. Express and Station Eaployes PARTIES TO DISPUTE.




(1) Carrier violated the Agreement between the parties, when commencing on August 3s 1976 and continuing, it caused and. permitted employees of the Specialty Chemicals Division of the Allied Chemical Corporation, Perkins, West Virg for car load shipments to move from Perkins,, West Virginia to Moundsville.* West Virginia.

(2) Carrier as a result thereof, stall compensate Chief Clerk L. R. Comer, Wheeling Freight Agency, eight (8) hours' pay for August 3, 1976, and each date thereafter until the violation is corrected.

OPINION OF BOARD: This claim alleges a violation of the Scope Rule. In
order to prevail the Organization must show agreement
reservation of the work and requires careful focus upon the precise work
at issue. That work vas the entering of car orders and dates by the es
ployes of Allied Chemical Corporation upon forms previously typed by
Carrier's clerical employer. The purpose of the forms was to comply with
ICC directive criticizing shipments of dangerous chemicals from the Allied
Plant at Perkins, Virginia four miles to Moundsville# West Virginia. Upon
arrival at Moundsville., the clerk to the Agent prepared revenue waybills for

the farther shipment of the materials. Until August 3, 1976 the Allied shipments, including the dangerous chemicals, moved from Perkins to Moundsville without designation 9a the Witch lists which have always been prepared by esoloyes of Allied. Upon arrival at Mouadsville, the reveame waybills for the outbound Cars are prepared b y clerical employer represented by BRAC. Prior to July 30, 1975 that employe was the Chief Clerk at Mouaisville. 'mat position was abolished July 30, 1975, however, and since then Chief Clerk at Wheeling was sent to Moundsville each afternoon to prepare the outbound waybills for the Allied shipments coming in from Perkins.



Folloeing an ICC inspection on August 3., 1976 Carrier was ordered to provide identifying information for the train crews as to which cars moving from the Allied Chaical North Plant and South Plant at Perkias to Moundsville actually mined dangerous chemicals. Apparently ICC wanted this information available to the crew in the event of leakage or derailment daring that fourmile love, Par shipments from the South PXsnta on and 1976, Allied Chemical employee comseaoed writing and stumping the ramd 4Hsagerous" nut to care an the switching lists which they had traditionally prepared for Carrier's crews. Apparently that procedure was not grieved is the present claim. At the North Plant, Allied Chemical initially indicated that the foregoing procedure would not be practical and that some other method of oosaunicatimg the information would have to be developed, It In noted however that commencing April 18j, 1977 Allied employes at North Plant adopted the system of writing the road "Dangerous" w the switch lists. Accordia", it is our understanding that the time period covered by the claim 1s August 3, 19'(6 to April 17., 1977.

For the period. in question Carrier provided the ICC required information for the shipments out of the North plant by using 850 freight waybills. Those wybills were partially filled out by Carrier's clerical employes and forwarded to the Allied plant. At fiat locations the Allied employee fined in the dates, initials and number of the oars carrying the dangerous substance and, if appropriate also corrected the description of the chemical involved which was uniformly indicated on the preprinted waybills a "1 T/C mristic acid. hydrochlorine," The czuz of this claim is whether the oanjletion of these freight waybills by the Allied employes constituted a violation of the Clerk's Scope Rule.

We record demonstrates clearly that the waybill fares filled by the Allied employes we" not used as billing formsj, they served rather the purpose of "Woo bills"s slip·bills" or a "receiving wybill" to more cars from one location to another. There is no shoving of exclusivity to Clsimsat of the Weparation of such slip bills, as contrasted with "revenue bills". See Awrds 23ftr 7590 22252. Nor has the Organisation demonstrated persuasively the appUeability of Rule 1 (c) in this case. Accordingly we shell deny the claim that FWA 1 was violated.

        FMIRGS: That the Third Division of the Adjustment Boards upon the whole record and all the evidences, finds and holds:


        That the parties wived oral hearing;

                    Award. Number 23211 Page 3

                    Docket Number a,-P-2652


That the Carrier and the bwloyes involved in this dispute are respectively Carrier and Roployes within the mseaing of the Railway labor Act, as approved Jane 21, 1934;

Mat this Division of the Adjustment Hoard has jarisdietion over the dispute involved herein; and

        That the Agreement vas not violated.


                    A W A R D


        Claim denied.


                        RATIOAAL RAMROAD ADJWDIENT HOARD

                        By Order of Third Division


ATTEST:
      Executive Secretary


Dated at Chicago. Illinois, this 16th day of march 1981.