Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29441
THIRD DIVISION Docket No. CL-29837
92-3-91-3-216
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Transportation Communications International Union

PARTIES TO DISPUTE:



STATEMENT OF C:_%1'!: " ;laim ): the System Committee of the Brotherhood


1. Carrier violated the Agreement when it failed and/or refused to call the Senior Available Employe, or an Extra Clerk, to perform extra clerical work done Dy a Supervisor.

2. Carrier ~tia1L now compensate the Senior Available Employe, extra in preference, at tie lntermodal Clerks' rate of $103.36 for violation of June 15, 1989."

FINDINGS:

The Third Division 3E the Adjustment Board upon the whole record and all the evidence, find; that:

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

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



The claim asserted that a Ramp Supervisor performed certain data processing work (preparing ;-10 forms) for trailer/ containers in violation of the Scope Rule. The Carrier asserted that.the work performed by the Supervisor has been done
It may n;t he necessary to prove traditional "exclusivity" in order to prevail under a "posittorn and work" Scope Rule, but here, the Organization repeatedly argued "ercLusivity" on the property, and the Carrier cited instances where Supervisors ` that it had no 'KnowLedge of said prior activity by Management.
Form 1 Award No. 29441
Page 2 Docket No. CL-29837
92-3-91-3-216

Without regard for the Carrier's assertion that the Claim fails to identify a Claimant, that it is excessive and that it must be tested under a General Scope Rule, even under a "position and work" Scope Rule, the Organization is required to sho of the record before us, we can not find that such a showing was made.



        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT 30AR-D

                          By Order of Third Division


Attest:
        ncy J. D ~/- Executive Secretary


Dated at Chicago, LLLinois, this 21st day of October 1992.