Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28460
 THIRD DIVISION Docket No. CL-28633
 90-3-88-3-483
 The Third Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.
 (Transportation Communications International Union
 PARTIES TO DISPUTE:
 (The Atchison, Topeka and Santa Fe Railway Company

 STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood



1. Carrier daily violates the Agreement at San Diego, California, when it requires or permits Transport Equipment and Service Company of California employes to perform work covered by the Clerks' Agreement, including the maintaining of a calling of Talin Tire Company to come to the Santa Fe San Diego TOFC Yard to repair and replace tires on piggyback trailers, and

 2. Carrier shall now reassign employes under the Clerks' Agreement to again perform these duties, and

 3. Carrier shall now pay the senior off duty regularly assigned employe from the list below and/or their successor or successors, at the Assistant Cashier's rate of pay of $104.42 per day, plus all subsequent wage increases, for eight (8) hours each day Monday through Friday, beginning December 1, 1987, and continuing each day thereafter until the violations are terminated:

J. L. Dolan 09/06/50 Asst. Cashier 6279
 R. L. Townsend 04/29/52 Hd. Claim Clerk 6214
 C. A. Pickens 02/02/54 Car Clerk 6210
 A. K. Beckstrand 04/19/54 Relief Clerk 9430
 F. H. Finn 08/02/57 Trucker 6204
 A. R. Harvey 09/09/57 Car Clerk 6213

1. Carrier daily violates the Agreement at San Bernardino, California, when it requires or permits Transport Equipment and Service Company of California employes to perform work covered by the Clerks' Agreement, including the maintaining of a PIGLIST of damaged trailers to be repaired, Vin and Vout Reports and running copy of rail tracks to see what they have to down ramp and load, and

 2. Carrier shall now reassign employes under the Clerks' Agreement to perform these duties, and
 Form 1 Award No. 28460
 Page 2 Docket No. CL-28633
 90-3-88-3-483

 3. Carrier shall now pay the senior off duty regularly assigned employe and/or their successor or successors the rate of pay of TOFC Clerk beginning November 16, 1987, and continuing each day thereafter until the violations are terminated.

1. Carrier violated the rules of the current Clerks' Agreement at Barstow, California, on January 1, 1988, and thereafter, when it required and/or permitted employes that are not covered by the rules of the Agreement to perform routine schedule clerical work, and

 2. I. R. Weaver and the employes herein named shall now be compensated for one call payment (three pro rata hours) at the rate of Claimant(s) regularly assigned position(s) in addition to any other compensation received as a result of such violation commencing January 1, 1988, and the work involved shall be returned to the Employes:

 I. R. Weaver M. A. Ortiz R. D. Pederson E. D. Daws
 F. L. Bonilla R. R. Shellnut L. Ellis T. G. Bingham
 N. E. Miller R. N. Freeman J. N. Marx L. E. Meyers
 N. E. Clapperton L. N. Bruce J. E. Freeman M. S. Priske
 M. N. Provencio R. J. Myott A. Gonzalez

 3. Proper payment to be determined by a joint check of the Carrier's records and payroll.

1. Carrier violated the provisions of the current Clerks' Agreement at Barstow, California, on March 1, 1988, and thereafter, when it required and/or permitted employes that are not covered by the rules of the Agreement to perform routine schedule clerical work, and

 2. I. R. Weaver and the employes herein named shall now be compensated for one call payment (three p regularly assigned position(s) in addition to any other compensation received as a result of such violation commencing March 1, 1988, and the work involved shall be returned to the Employes:

 I. R. Weaver M. A. Ortiz R. D. Pederson M. M. Provencio
 F. L. Bonilla R. R. Shellnut L. Ellis E. D. Daws
 N. E. Miller R. N. Freeman J. N. Marx T. G. Bingham
 N. E. Clapperton L. N. Bruce J. E. Freeman L. E. Meyers
 M. S. Priske R. J. Myott

 3. Proper payment to be determined by a joint check of the Carrier's records and payroll."
 Form 1 Award No. 28460
 Page 3 Docket No. CL-28633
 90-3-88-3-483
 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 employe 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.

 This case involves four separate Claims now before the Board. These essentially assert that the Carrier violated "Rule 1-Scope." However, while Claims Nos. 1 and 2 involved different locations than Claims Nos. 3 and 4 and slight variations of the tasks being challenged, we conclude, after a thorough review of all of the Claims, that the controlling issues and questions are identical.

 Pursuant to the Railway Labor Act, the Board is constrained to consider only the issues and arguments presented on the property. In this dispute, we note that a number of documents and arguments connected thereto have been presented for the first time at this level and, therefore, will not be considered.

 With respect to those elements of the Claims which are properly before us as developed on the property, we find that the Organization has not substantively refuted the material statements contained in the Carrier's denial letters of March 25, 1988 (for Claim No. 1), April 13, 1988 (for Claim No. 2), May 20, 1988 (for Claim No. 3) and July 15, 1988 (for Claim No. 4). Accordingly, the material statements stand as established fact and the Claims must be denied.




                            By Order of Third Division


Attest: 14ze_41
        ancy J. a -Executive Secretary


Dated at Chicago, Illinois, this 19th day of July 1990.