1. Carrier violated the agreement when on January 20, 1992, it required and/or permitted an outsider to perform work reserved to employes fully covered by said agreement;

2. Carrier shall now compensate the senior available off-duty clerical employe three (3) hours pay at the time and one-half rate for the above date."

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

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.

The clerical incumbent on the 4:00 P.M. shift is responsible for preparing necessary switch lists for early morning crews before going off duty. On January 20, 1992, the Clerk failed to do so for seven cars. The Train Dispatcher was required to issue instructions for the crew on how to handle these seven cars. He did so by writing the car numbers and track numbers on a "Clue System Switch List" form.

The facts are not in dispute. However, while this Board finds that an employee not covered by the Agreement performed clerical work, the Organization failed to cite a Rule that provides three hours pay at the overtime rate to the senior available off-duty clerical employee. In fact in its handling on the property and before this Board, the Organization only cites Rule 1, "Scope and Work of Employees Affected."

The Organization failed to meet the burden of proof by failing to cite a Rule which would provide for the payment claimed.

AWARD