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




(1) Carrier violated the Clerk-Telegrapher Agreement in effect between the Parties when, on each Saturday and Sunday, May 31; June 1, 7, 8, 14, 15, 21, 22, 28, 29; July 5, 6, 12 and 13, 1980, and subsequent dates of record, it caused and permitted employees not covered by the Agreement to perform clerical work attached-to Shop Clerk position C-6, Roundhouse, New Castle, Pennsylvania, and
(2) Carrier, as a result of such impropriety, shall compensate each employee named, as indicated, eight (8) hours pay at the pro rata rate ($68.87) for each date listed, as follows:






OPINION OF BOARD: Question was raised by the Carrier in this dispute as to the
 possible involvement of a third party, the Baltimore and
 and Ohio Railroad Company Supervisors. That Organization was advised of the
 dispute and declined to participate in the resolution of the matter.
Prior to May 28, 1980, the Carrier maintained a Shop Clerk position in the New Castle Roundhouse Building (Position C-6), with assigned days of Tuesday through Saturday on the day shift. There was also a Relief Clerk Position (C298) which, as part of a Sunday and Monday. Thereafter, the Carrier abolished the Relief Clerk position and changed the assigned days of the C-6 Clerk position to Monday through Friday.
By the Carrier's action, the Organization claims that work regularly assigned to the Relief Clerk position has now improperly been assigned to the Assistant Shop Foreman on Saturdays and Sundays. Cited in particular are Rules 1 (c) and Rule 4, Overtime, which read in pertinent part as follows:


        (c) when a position covered by this Agreement is abolished, the work

        assigned to same which remains to be performed will be reassigned in

        accordance with the following:

            Award Number 24793 Page 2

                      Docket Number CL-24360


        (1) To position or positions covered by this Agreement when such position or positions remain in existence at the location where the work of the abolished position is to be performed.


        (2) In the event no position under this Agreement exists at the location where the work of the abolished position or positions is to be performed, then it may be performed by a Yardmaster, Foreman, or other supervisory employee, provided that less than four (4) hours' work per day of the abolished position or positions remains to be performed; and further provided that such work is incident to the duties of a Yardmaster, Foreman, or other supervisory employee.


        (3) Where the remaining work of an abolished position is reassigned to positions coming within this Agreement, an effort will be made, where practical, to reassign the work to a position or positions assigned similar work, higher rated work to higher rated positions and lower rated work to lower rated positions.


        (4) Work incident to and directly attached to the primary duties of another class or craft such as preparation of time cards, rendering statements or reports in connection with performance of duty, tickets collected, cars carried in trains, and cars inspected or duties of a similar character, may be performed by employees of such other craft or class.


                        "RULE 4


        (b-2) Where work is required by the Management to be performed on a day which is not part of any assignment, it may be performed by an available extra or unassigned employee who will otherwise rot have forty (40) hours of work that week; in all other cases by the regular employee.ff


The Carrier argues the effective reduction of the clerical position from seven days to five days resulted from an overall reduction in the amount of clerical work required and that the remaining position (C-6) continued to peform the work on a Monday to Friday basis rather than on Tuesday through Saturday. As to work which the Organization claims was assigned on Saturdays and Sundays to the Assistant Shop Foreman, the Carrier argues that the various reports and recording of information was and is regularly performed by both the Foreman and the Clerk.
The Board has reviewed the voluminous record set forth by the parties. There is no clear determination therefrom that Foreman duties were changed as a result of the reduction of the clerical assignment from seven days a week to five or that the basic clerical functions are no longer fully performed by the assigned clerk. It follows that there is no finding of specific violation of the Scope Rule or of the above cited rules in this rearrangement and reduction of the clerical schedule.
                      Award Number 24793 Page .3

                      Locket Number CL-24360


        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:
        Nancy ver - Executive Secretary


Dated at Chicago, Illinois, this 30th day of April, 1984