"Claim of the System Committee of the Brotherhood (GL-10540) that:

1. Carrier violated the Agreement on November

19, 1988, when it allowed Supervisory

personnel at the Hamlet Motive Power Shop to

perform work assigned to the il p.m. - 7

a.m. Diesel Clerk after having abolished

the aforementioned Diesel Clerk position.

2. Further, that the Carrier has violated the

Agreement on each of the above listed dates

(List attached) by allowing Supervisory

personnel to continue to perform these

duties.

3. As a consequence thereof, the Carrier shall:

a. Compensate the above-named Claimants

the appropriate compensation.

b. Reestablish the position of the third-

shift Diesel Clerk as a daily position.

c. Exclusively return this work to the

Diesel Clerk, thus instructing Super

visory personnel to immediately cease

performing the disputed work."

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.

Procedural arguments raised by the Carrier are found wanting: accordingly, this matter will be addressed on its merits.

The facts in this record are not disputed. On November 18, 1988, the third shift Diesel Clerk position at Hamlet, North Carolina, was abolished. Following the abolishment, some of the work of the abolished position was assigned to Diesel Clerks on other shifts, some was eliminated and some was performed by nonclerical employees. In Third Division concluded that the second sentence of Paragraph (d) of the amended May 16, 1981 Scope Rule, reading:

"It is understood that positions may be abolished if, in the carrier's opinion, they are not needed, provided that any work remaining to be performed is reassigned to other positions covered by the Scope Rule."

required that work of abolished positions be reassigned to other positions covered by the Scope Rule. Carrier admits that this was not done in this case. Thus, the Agreement was violated. The claim will be sustained in part.

Item 3 of the Statement of Claim seeks the re-establishment of the abolished Clerical position and a declaratory order returning the work of the abolished position with instructions that Supervisory personnel cease performing it. This relief is beyond the authority of the Board.

With respect to Item 2 of the Statement of Claim, each Claimant shall be allowed a two hour overtime call for each of the listed dates.

A W A R D