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

1. Carrier violated the Clerks' Rules Agreement when it unilaterally transferred clerical work of SBD from under the Agreement without benefit of an Implementing Agreement and abolishment (sic) eight (8) Missouri Pacific clerical positions.

 2. Carrier's action is in violation of Scope Rule 1 of the Agreement between the parties.

 3. Carrier shall now be required to compensate the named Claimants for eight (8) hours per day five (5) days per week commencing April 29, 1984."

 OPINION OF BOARD: The eight named Claimants were employed as clerks by Car
 rier at its Yard Center in Dolton, Illinois. In May, 1984,
 Carrier abolished eight clerical positions at Dolton, affecting the eight
 Claimants; Seaboard System Railroad, Inc. contracted out the work they had
 performed. On May 7, 1984, the Organization filed a Claim on Claimants'
 behalf, charging that the manner in which the work was contracted out violated
 the controlling Agreement.

 The Organization contends that Carrier violated the Agreement by unilaterally transferring to an were covered within the Class of clerical employees, and that the work Claimants performed was unila positions.

 This Board has reviewed the evidence in this case, and finds that there has been no violation of the Agreement. This Board has held on numerous occasions in the past that the Scope Rule of an Agreement applies only to the work over which the Carrier has control. In this case, it is clear that Seaboard had a right to take back its own work and that such retrieval of the work by Seaboard did not involve a change which was subject to the Agreement between the parties to this dispute and, therefore, the Carrier was not in violation of the Agreement when it abolished the positions.
                        Docket Number CL-26452


        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: '~/JG~
              A, 0!3

      .

      Nancy J er - Executive Secretary


Dated at Chicago, Illinois this 30th day of September 1987.