r NATIOrw. RAILROAD Anros7MENT BOARD
 _ Award Mmmber 2357
 THIRD DIVISION Docket Number CL-23776






    1. Carrier violated the effective Clerks' Agreement whoa, on May 28, 1979 it required and/or permitted an outsider, not covered by the Agreement to perform janitorial duties reserved for employee covered by the scope of the Agreement and performed work week;


    2. Carrier shall now compensate Ms. Daisy Chyzy eight (8) hours' pay at the time and one-halt rate of Position GT-266 for May 28$ 1979.


      CPINION OF HOARD: The Carrier maintains facilities is South Chicago., Illinois,

    primarily to serve the South Works of U* So Steel Corporation, Included is these facilities is a building known as the Central Ordering Point (C.O.P.) Building,, which is leased is part to U. S. Steel nod, as a provision of that lease, specified that maintenance and cleaning will be provided by the (luxier. The building is used joirtly as office space for U. S. Steel's TransTwrtevt:Con Department offices for Carrier officials and is manned by both U. 3. Steel sad Carrier (!mployes on a 24-hour per day, seven-day per week basis.


    The Claimant is an incumbent of Position GS-266., whose janitorial duties includ~: the C.O.P: Building. Position GT-266 is a six-day position with assigned hours fry 7:00 A.M. to 3:00 P.M. and rest days of Saturday and Sunday. May 28, 1979 was a holiday (Memorial Day) and Carrier elected. not to work Position GT-266 that drty.


    Mr. D. Thompson, a supervisor of U. S. Steel Transportation Department, apparently determined that the C.O.P. Building was dirty and required cleaning, and directed a janitor employed by U. S. Steel at another location to sweep the office and empty trash containers. This work was performed as May 28p 1979r beginning at approximately 1:00 P.M.

                  Awed Number 23574 Page 2

                  _ Docket Nuoiuer CL-23776


,lho Organizai;ioa c. aims i.hst Carrier violated Rules 1 (Scope), 42 (OvertVae) and 43 (Notified m Called) of the Agreement between the parties by failing to afford Claimant tire opportunity to work whoa duties of her position, which are exclusively reserved far nn employe covered by the scope of the Agreement between the pKrt Steel on the data claimed.

 The Carrier$ on its part, maintains that the work vas performed oy U. S. Steel personnel in offices exclusively used an& controlled by U. S. Steel Corporation without any involvement or knowledge by the Carrier, Furthermore, Carrier argues that the Organization did not file a claim until 34 days later, which was too late for the Carrier to have taken eu>,y corrective action.

 There is no dispute that the work was performed by an employs of U. S. Steel Corporation, and that the work is covered by the scope of fibs collective bargaining Agr GT-266. However, the evidence clearly shows that no Carrier official authorized, permitted or know of the U. S. Steel employe performing janitorial services on the day is question, nor did the Organization advise the Carrier of this incident on the day in question so that corrective action could have been taken. In addition there was no indication, that this issue occurred other than on the day in question.
 `. Under the particular circumstances herein, where the Carrier had no direct or indirect involvement or knowledge, and noting that it was an isolated occurrence, the Board is of the opinion that the Carrier did not violate the Agreement.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence,, finds std holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier affl.Finployas within the massing af the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; std

        That the Agreement was not violated.

                      Award Number 235'lk page 3

                      Docket Number CIr237'(6

                      A W A Ic D


        Claim denied.


                            NATIONAL RAILROAD ADJU32WT HOARD

                            By Order of Third Division


Attest: Acting Executive Secretar_i
 National Railroad Adjustment Board

                  '" 7


By ~ 1
 emarie Brash - Administrative Assistant

 Dated at Chicago, Illinvisi, this 10th day of March 1982.