"Claim of the System Committee of the Brotherhood (GL10479) that:

1. Carrier is in violation of the Clerical Agreement at Decatur, Alabama on December 8, 1988 by requiring and/or permitting Yardmaster E. W. Smith to sign bill of lading.

2. Claimant, Senior Clerk Available, Extra Clerk in preference, shall now be compensated eight (8) hours' pay at the pro-rata rate of Utility Clerk, Position No. 204, Decatur, Alabama on December 8, 1988, in addition to any other compensation this Claimant may have already received for this date, returning this work to the clerical employes covered by this Agreement."

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.

As Third Party in Interest, the United Transportation Union Yardmasters Department was advised of the pendency of this dispute,

Except for the date of alleged violation, this Claim is identical with respect to facts, applicable Agreement provisions and positions of the Parties with the Claim recently decided by this Board in a companion case.

For the same reasons developed fully in Third Division Award 29612 the present Claim likewise must be denied.

A WAR D