"Claim of the System Committee of the Organization (GL-11899) that:

1. Claim ST-96-73

The claim is filed on behalf of Mr. A. Ferland, clerk at Rumford and Rileys, Maine. Claim is for eight (8) hours at the rate of straight time, due to the Carrier violating the Agreement by using Non-Scope employees to perform clerical work at Rumford and Rileys, Maine.

Claim commences January 2, 1996, is for each day until corrected. Carrier violated the Agreement when it used Non-Scope employees to perform the following clerical work:

Yard Checking - Non-Scope - Not in Craft and Class Bills of Lading - Non-Scope - Not in Craft and Class Preparing Switch Lists - Non-Scope - Not in Craft and Class Marking out Hazardous Form HM-100 Non-Scope - Not in Craft and Class

Also files HM-100 - Non-Scope - Not in Craft and Class

Also checks and lists in-bound and out-bound trains, checks cars and list them from area siding and finally checks and lists cars in Rumford and Rileys Yard.

Rules violated are, 1-1 Scope, 18-1 Days work and Overtime 18-A1 Calling Procedures, Rule 2:2 Forty Hour Work Week, Rule 24-1 Basis of Pay/Job Classifications, Rule 27 - Change in Duties, Rule 34 - Use of Other Than

Regularly Assigned Employees, and the Stabilization Agreement of 1965 as amended in October 17, 1984.

Claim is valid and must be paid.

Claim is further made that the first level denial was not in accordance with Rule 38.

H. Claim ST-96-74

The claim is filed on behalf of Mr. P. Keites, clerk at Waterville, Maine. Claim is for eight (8) hours at the rate of straight time, due to the Carrier violating theAgreement by using Non-Scope employees to perform clerical work at Rumford and Rileys, Maine.

Claim commences January 2, 1996, is for each day until corrected. Carrier violated the Agreement when it used Non-Scope employees to perform the following clerical work:

Yard Checking - Non-Scope - Not in Craft and Class Bills of Lading - Non-Scope - Not in Craft and Class Preparing Switch Lists - Non-Scope - Not in Craft and Class Marking out Hazardous Form HM-100 Non-Scope - Not in Craft and Class

Also files HM-100 - Non-Scope - Not in Craft and Class

Also checks and lists in-bound and out-bound trains, checks cars and list them from area siding and finally checks and lists cars in Waterville Yard.

Rules violated are, 1-1 Scope, 18-1 Days work and Overtime 18-A1 Calling Procedures, Rule 22 Forty Hour Work Week, Rule 24-1 Basis of Pay/Job Classifications, Rule 27 - Change in Duties, Rule 34 - Use of Other Than Regularly Assigned Employees, and the Stabilization Agreement of 1965 as amended in October 17, 1984.

Claim is valid and must be paid.

Claim is further made that the first level denial was not in accordance with Rule 38."

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 were given due notice of hearing thereon.

The dispute in this matter is similar to that decided by the Board in Third Division Award 34026. That Award shall govern this case. The procedural arguments raised do not change the result.

With respect to the remedy, the same relief fashioned in that Award shall apply, specifically:

". . . The remedy shall be for the parties to ascertain how much time was involved in the performance of such work and for the Carrier to make whole the affected employees for those specific amounts of time at the appropriate straight time rate. The fact that Claimant (or another clerk who stood to perform the work) was working during the period covered by the claim does not preclude the awarding of affirmative monetary relief . . .. The Board will retain jurisdiction over this matter in the event disputes arise concerning the extent of the monetary relief."

AWARD