"(Carrier File 6(01-0084)

(TCU File 1.2545(18)SCL)

1. Carrier violated the Agreement(s) on August 20, 22, 23, 27 and

30, and September 14 and 28 (2), 2001 [sic], when it allowed

Yardmaster/Clerk (as specifically named in each claim) to make

Yard Inventory Adjustments (YSIA) on train/track/cut at

Atlanta, Georgia. This violation was performed in lieu of

allowing this work to be performed by Clerical employes in the

Customer Service Center at Jacksonville, Florida.

2. Carrier shall now compensate the Senior Available Employe,

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 less any compensation paid.

(Carrier File 6(01-0087)

(TCU File 1.2542(18)SCL)

1. Carrier violated the Agreement(s) on the dates [50 claims filed

on October 5, 2000], when it allowed Yardmaster/Clerk (as

specifically named in each claim) to make Yard Inventory

Adjustments (YSIA) on train/track/cut at Atlanta, Georgia.

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

2. Carrier shall now compensate the Senior Available Employe,

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 less any compensation paid."

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.

As Third Party in Interest, the United Transportation Union - Yardmasters Department (UTU) was advised of the pendency of this dispute and chose to file a Submission with the Board.

In these claims, the Organization alleges that the Carrier assigned Yardmasters at Atlanta, Georgia, to perform the YSIA function to make yard inventory adjustments rather than assigning that work to a Customer Service Representative ("CSR") at the Customer Service Center ("CSC") in Jacksonville, Florida.

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 Atlanta, Georgia, 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 Atlanta 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.

For reasons stated in Third Division Award 37760, arguments made by the UTU do not change the result.

Under the rationale stated in Third Division Award 37227, this claim shall be sustained at the $15.00 requirement. The remedy applies to each transaction. See Third Division Award 37933 (". . . the $15.00 remedy applies to the transaction . . . irrespective of the number of cars involved.").

AWARD