"Claim of the System Committee of the Union that:

(Carrier File 6(01-0064) (TCU File 1.2533(18)SCL)

1. Carrier violated the Agreement on October 5, 2000, when it allowed Clerk D. J. Bohn to make Yard Inventory Adjustments (YSIA) on train/track/cut at location 000003 (Louisville, Kentucky). This violation was performed in lieu of allowing this work to be performed by Clerical employees in the Customer Service Center in Jacksonville, Florida.

2. Carrier shall now be required to compensate the Senior Available Employee, extra or unassigned in preference, eight (8) hours at the applicable rate of $147.14 or the punitive rate, if applicable, for the above violation.

(Carrier File 6(01-0069) (TCU File 1.2528(18)SCL)

1. Carrier violated the Agreement(s) on .September 26, 2000, when it allowed Clerk S. L. Vaughn to make Yard Inventory Adjustments (YSIA) on train/track/cut at C08 to ROI MP000006. This violation was performed in lieu of allowing

2. Carrier shall now compensate the Senior Available Employee, extra or unassigned in preference, eight (8) hours at the applicable rate of $147.14 or the punitive rate, if applicable, for the above violation.

(Carrier File 6(01-0071) (TCU File 1.2526(18)SCL)

1. Carrier violated the Agreement(s) on October 5, 2000, when it allowed Clerk D. J. Bohn to make Yard Inventory Adjustments (YSIA) on train/track/cut at 000003. This violation was performed in lieu of allowing this work to be performed by Clerical employees in the Customer Service Center at Jacksonville, Florida.

2. Carrier shall now compensate the Senior Available Employee, extra or unassigned in preference, eight (8) hours at the applicable rate of $147.14 or the punitive rate, if applicable, for the above violation.

(Carrier File 6(01-0081) (TCU File 1.2548(18)SCL)

1. Carrier violated the Agreement(s) on September 18 and October 2, 2000, when it allowed Clerk F. R. Nalley to make Yard Inventory Adjustments (YSIA) on train/track/cut at 000003, Louisville, Kentucky. This violation was performed in lieu of allowing this work to be performed by Clerical employees in the Customer Service Center at Jacksonville, Florida.

2. Carrier shall now compensate the Senior Available Employee, extra or unassigned in preference, eight (8) hours at the applicable rate of $147.14 or the punitive rate, if applicable, for the above violation.

(Carrier File 6(01-0150) (TCU File 1.2571(18)SCL)

1. Carrier violated the Agreement(s) on October 11, 2000, when it

allowed Clerk S. L. Vaughn to make Yard Inventory

Adjustments (YSIA) on train/track/cut at Louisville, Kentucky.

This violation was performed in lieu of allowing this work to be

performed by Clerical employees in the Customer Service

Center at Jacksonville, Florida.

2. Carrier shall now compensate the Senior Available Employee,

extra or unassigned in preference, eight (8) hours at the

applicable rate of $147.14 or the punitive rate, if applicable, for

the above violation."

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 bearing thereon.

In these claims, the Organization alleges that the Carrier assigned Clerks at Louisville, Kentucky, yard inventory adjustments rather than assigning that work to a Customer Service Representative ("CSR") at the Customer Service Center ("CSC") in Jacksonville, Florida. The record reveals that the specific computer function involved for the disputed work is YSIA.

The background for this claim is set forth in Third Division Awards 37227 and 37760.

As more fully set forth in Third Division Award 37760, the Board has jurisdiction to resolve this claim.

The record in this case shows that the disputed work: (1) was performed by someone other than a CSR at the CSC; (2) was performed by a Clerk at Louisville, Kentucky, prior to the 1991 Implementing Agreement; and (3) was performed by a CSR at the CSC after the 1991 Implementing Agreement took effect. Under the three-part test set forth in Third Division Award 37227, the Organization has shown that the work was transferred from Louisville to the CSC under the terms of the 1991 Implementing Agreement and was later improperly performed by someone other than a CSR at the CSC in violation of the parties' Collective Bargaining Agreements. See Third Division Awards 37234, 37229, 37781 and 37839 involving similar disputes at Louisville.

With respect to the number of transactions allowed for the remedy, see Third Division Award 37781:

"There is a dispute over the number of transactions that occurred. The Carrier asserts that the claims are duplicative and that there are only five transactions. The Organization asserts that there are 28. Examination of the event listings in the record show that the Organization is correct and that multiple transactions occurred on the same dates."

Under the rationale stated in Third Division Award 37227, these claims shall be sustained at the $15.00 requirement.

AWARD