gave immediate verbal notice to R O. Denzel, Regional Manager-Labor Relations, Philadelphia and Manager of Stations, R. O'Brien, 30th Street, Philadelphia, PA that the job description changes did not have the approval of the General Chairman.

Claim is filed in behalf of K. Eichelberger for eight (8) hours pay at the pro rata rate for February 7, 1991, when the Carrier violated the abovemeotioned agreement.

Claim is presented in accordance with Rule 7-B-1, is in order and should be allowed.

It is the claim of the District Committee that the Carrier violated the TCU/NRPC Northeast Corridor Clerical Rules Agreement of July 27, 1976, in particular Rules i-H, 2-A-1, 4-1-1, 4-F-1, 4-F-2, 5-C-1, Appendix E, Articles 1, 4, 5, 6, 7, 9, Appendix H, Article IV (d) also Penn Central Takeover Agreement of 1973 and past practice and precedent when it allowed, permitted and required employes assigned to a specific clearly defined job category to perform work in a separate distinct job category that was protected by Special Agreement for modification of job duties without the permission of the Organization's General Chairman. The Carrier has attempted to unilaterally realign and co-mingle job descriptions through the issuance of a bulletin change without utilizing collective bargaining.

On Saturday, February 23, 1991, the Carrier required and permitted B. Parker Ticket Clerk, Position TC-28 to perform the primary duties of a Baggage Checkman from 10:00 a.m. to 6:30 p.m. at 30th Street Station, Philadelphia, PA. The Carrier failed to call and use S. Peele Baggage Checkman position BC-3 hours of assignment 6:30 a.m. to 3:00 p.m. rest days of Saturday and Sunday.

The work performed accrues regularly and by agreement to Baggage Checlmran positions. 'file Carrier bulletined modified Ticket Clerk Position TC-17,28, 29 on Bulletin 91-05. The awards dated February 6, 1991, made the above mentioned position effective February 7,1991. The Organization gave immediate verbal notice to R O. Denzel, Regional Manager-Labor Relations, Philadelphia and Manager of Stations, R O'Brien, 30th Street,

Philadelphia, PA, that the job description changes did not have the approval of the General Chairman.

Claim is filed in behalf of S. Peele for eight (8) hours pay at the pro rata rate for February 23, 1991, when the Carrier violated the above-mentioned agreement.

Claim is presented in accordance with Rule 7-B-1, is in order 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 June21, 1934.

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

Parties to said dispute were given due notice of hearing thereon.

The two claims involved in this docket allege that the Agreement was violated when Ticket Clerks placed baggage check tags on luggage of passengers that they were servicing. The Organization contends that placing tags on checked baggage is work that must be exclusively performed by a Baggage Checkman, and when the Carrier has the task performed by a Ticket Clerk it is co-mingling work without consent of the Organization.

The Carrier does not dispute that the work was done, as alleged by the Organization. However, it argues that tagging items is not Baggage Checkman duties, that is part of the Ticket Clerk's job. The disputed duties performed by the Ticket Clerk in this matter, even if they were Baggage Cbecl®an duties were de nummis, and as such would not rise to the level of a violation of the Agreement. Further, the Organization acquiesced to this assignment of duties by Ticket Clerks in the past, and therefore cannot now allege that the Agreement is violated. Moreover, after the bags were tagged by the

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