(d) That in order to terminate this claim, all clerical work must be returned to employes covered under the Scope of the Clerks' Rules Agreement.

(e) This claim has been presented in accordance with Rule 28-2 and should be allowed.

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.

On or about September 1, 1991, the Carrier implemented an Operating Control System (OCS) which utilizes a main computer and associated peripheral equipment, such as a video display screen with keyboard and a printer. This peripheral equipment is located in the yard office in the various yards that are the subject of this claim and is used by the Yardmasters in connection with the performance of their duties. The following is the Carrier's description of the Operating Control System:

"With the OCS system, inbound train information is transmitted to the yard through the main computer. The yardmaster will view the advance train list and tell the clerk on what track(s) the train will be placed. The clerk records the information and thus establishes a train inventory. As a result of full integration with the Carrier's Fastway Waybill computer application, OCS automatically tags destination of an inbound car, eliminating the function formerly performed by a clerk. OCS also automatically provides properly sequenced train/track list to the yardmaster/clerical forces."

Any new data that is required to be updated, such as the diversion of a car, is entered into the system by a Clerk. The yard inventory can be viewed at any time from any location on the system which enables the Carrier to make better use of its various yard locations. Carrier is better able to plan and schedule trains on the system more efficiently.

If there is switching to be performed in the yard, the Yardmaster uses the keyboard to electronically make the switch lists instead of the old paper and pencil method. Upon completion of switching the cars to the designated tracks the switch crew notifies the yard master who, in turn, presses a command button on the keyboard and the computer automatically updates and resequences the yard inventory.

When a train is ready, the Yardmaster notifies a Clerk, who prepares the appropriate additional information either for sending a train consist for the departing train or preparation of an interchange report for another railroad.

The organization's claim asserts the Carrier assigned Yardmasters to perform work reserved to clerical employees. Specifically, the Organization states the Agreement has been violated as a result of:

Yardmaster inputting and extracting data via CRT for the purpose of:

Obtaining switch lists;

Crippling and releasing cars;

Maintaining an inventory as cars are switched with the yard;

Making inquiries to determine status of cars;

Various other functions "that Yardmasters will now do via CRT in compliance with Carrier's OCS system."

In addition to arguing the claim should be sustained on its merits, the Organization also argued the Carrier failed to deny the claim in a timely and proper manner. With regard to the time limit issue, the Organization asserts it faxed the claim letters, which are dated October 29, to the Carrier on October 30, 1991. There is some dispute in the record as to the precise time the letters were faxed because it is not clear if the machines had been changed from Daylight Savings Time to Standard Time.

95-3-93-3-14.