(a) The Carrier violated the Clerks' Rules Agreement effective July 21, 1972, as revised, particularly, Rules 1, 6, 7, 14 and other Rules, when the Carrier allows and permits Foreman, William Anderson, to perform Inventory Control Clerk duties of, but not limited to, inputting into the computer, preparing reports and other paperwork, which are duties otherwise historically assigned to and performed by Clerical Employees, located at the Amtrak Maintenance Facility, Material Department, Rensselaer, New York;

(b) Claimant Sibley should now be allowed eight (8) hours punitive pay based on the pro-rata hourly rate of the Inventory Control Clerk position, commencing sixty (60) days retroactive from the date of this claim and continuing for each and every day thereinafter that Mr. Anderson is allowed to perform these duties, and until this violation is corrected;

(c) In order to terminate this claim all the involved duties must be returned to Clerical Employees;

(d) Claimant Sibley is qualified, available and should be used to perform this work;

(e) This claim has been presented in accordance with Rule 25 and should be allowed.

(a) The Carrier violated the Clerks' Rules Agreement effective July 21,1972, as revised, particularly Rules 1, 6, 7,14 and other Rules, when the Carrier allows and permits Foreman, AI Blake, to perform Clerical duties otherwise historically assigned to and performed by Clerical Employees located at the Amtrak Facilities, Albany/Rensselaer, New York;

(b) Claimant Kross should now be allowed eight (8) hours punitive pay based on the pro-rata hourly rate of her regular position, commencing sixty (60) days retroactive from the date of this claim and continuing for each and every day thereinafter that Mr. Blake is allowed to perform these duties, and until this violation is corrected;

(c) In order to terminate this claim all the involved duties must be returned to Clerical Employees;

(e) This claim has been presented in accordance with Rule 25 and should be allowed."

The Organization in this claim alleges that the Carrier violated the Clerks' Rules Agreement effective July 21, 1972, as revised, particularly Rules 1 (Scope), 6, 7,14 and other Rules when the Carrier allowed and permitted Foreman William Anderson to perform Inventory Control Clerk duties and Foreman A1 Blake to perform Clerical duties. The Organization claims the Inventory Control Clerk duties performed by Anderson and the Clerical duties being performed by Blake have historically been assigned to and performed by Clerical Employees.

A memorandum of December 8, 1996, from Assistant District Chairperson Kim Gilgallon to Vice General Chairman Oathout (TCU Exhibit A) contends that Foreman William Anderson has been performing clerical duties which should accrue to Claimant Sibley. The same memorandum also states that Foreman A1 Blake used the computer assigned to Claimant Kross to input equipment status.

In denying the claim, Carrier responded: "...documents entitled "Inventory Accounting" related to a computerized internal audit function whereby computer data is compared to actual physical inventory." In addition Carrier stated that the major part of an Inventory Control Clerk's position is to order parts and ensure they are received as ordered. Carrier adds "it would be contrary to any recognized accounting procedures for the same clerk who orders the parts to be responsible for the internal audit of same."

The Board has read the record and notes the applicability of Third Division Award 29598 which states:

"The typical means of resolving this question is to examine the record to determine whether it demonstrates that the employees have customarily, historically and traditionally performed the kind of work in dispute."

"Carrier has presented data affirmative to its position on this issue while Petitioner has providing nothing of substance. We have long held that assertion does not take the place of evidence."