(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Port Terminal Railroad Association

(1) The Port Terminal Railroad Association violated the Rules of the current Agreement between the parties including, but not limited to Rule 1 (SCOPE) when on July 7, 1980, it allowed, permitted, and/or required Supervisor of Transportation G. R. Dehart to perform clerical duties of receiving and preparing spot car order from All States Steel Company at Houston, Texas.

 ($) The Association shall compensate Clerk H. R. Hudman, Houston, Texas for eight (8) hours' pay at the time and one-half rate of the Chief Clerk's Position for July 7, 1980, for this violation.

 OPINION OF BOARD: The Association is accused of violating the Organization's
 scope rule by having its Supervisor of Transportation "perform
 clerical duties of receiving and preparing spot car order". The Organization
 states this work is identical with "taking and making switch orders on loaded and
 empty cars from customers" and argues -- without contradiction by the Association
 that this is work "traditionally performed by clerical employes" represented by
 the Organization.

 The Board perceives no genuine dispute as to the scope of work protected by Rules 1 and 2. The narrow question centers on the precise nature of the function performed by the Supervisor of Transportation. The Organization's evidence, not disputed by the Association, is a memo handwritten by the Supervisor which reads, as best as can be determined:





Added to this note is evidence of the subsequent action taken by appropriate employes to furnish two cars in lieu of the requested car. This note is the sole basis of the claim.

 Analysis of the note leads to the conclusion that this was not an original order to "spot" a car, which work would normally be performed by a clerical employe. The use of the word "Still" indicates that it is a written reminder to "all concerned" that a previous order had not yet been fulfilled.
                      Docket Number CL-24140


On this basis, the Organization has failed to show that the Supervisor had, in fact, taken over the assigned work of a clerk. Rather, all that is de~nstrated is that he was exercising his supervisory function as a reminder concerning an incomplete assigament.

 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 ADJUSTMNT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
        National Railroad Adjustment Board


y
        Rosemarie Breach - Administrative Assistant


Dated at Chicago, Illinois, this 31st day of March 1983.

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