Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27138
 THIRD DIVISION Docket No. CL-25424
 88-3
 The Third Division consisted of the regular members and in
 addition Referee Rodney E. Dennis when award was rendered.
 (Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 PARTIES TO DISPUTE:
 (Chicago, Milwaukee, St. Paul and Pacific Railroad Company

1) Carrier violated the Clerks' Rules Agreement at St. Paul, Minnesota when it utilized employes outside the scope and application of such agreement on May 17, 18, 19, 20, 21, 24, 25, 26, 27 and 28, 1982.

 2) Carrier shall now be required to compensate the following furloughed employes a day's pay at shown:







          R. M. Schutta - 5/17, 5/18, 5/19, 5/20, 5/21, 5/24, 5/25,

                      5/26, 5 5/27/82


          S. M. Bellin - 5/19, 5/20, 5/21, 5/24, 6 5/28/82


          R. E. Lust - 5/24, 5/25, 5/26, 5/27 S 5/28/82"


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

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

        Parties to said dispute waived right of appearance at hearing thereon.

Form 1 Award No. 27138
 Page 2 Docket No. CL-25424
 88-3

 On ten days in May, 1982, Carrier utilized employes of an outside organization (Labor Pool) to unload material for the Material Department. The Organization when learning of this outside group unloading material inquired as to why its furloughed employes should not have been called back to perform the work. The Organization contends that the work being performed belonged to Clerks and should therefore be performed by Clerks.

 Carrier did not make the work available to Clerks and the instant claim resulted.

 The Board has reviewed the record and must conclude that Carrier did not violate Rule I, Scope, contained in the Agreement. Rule I lists positions, not work. The Board c from the Agreement or the type of work performed by Labor Pool employes was by practice or tradition always performed by Clerks.

                        A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
        Nancy J. jpff - Executive Secretary


Dated at Chicago, Illinois, this 23rd day of June 1988.