"Carrier File 6(00-1467) TCU File 1.2501(18)SCL

1. Carrier violated the Agreement on July 8, 2000, when it allowed Yardmaster M. Watson, to make Yard Inventory Adjustments (YSIA) on train/track/cut at Decatur, Illinois. 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."

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 this claim, the Organization alleges that the Carrier assigned a Yardmaster at Decatur, Illinois, to make yard inventory adjustments using the YSIA function 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 Decatur, Illinois, prior to the 1991 Implementing Agreement; and (3) was performed by a CSR at the CSC after the 1991 Implementing Agreement took effect. See Public Law Board No. 5782, Award 3 issued under the December 1, 1994 Agreement (which was followed in Third Division Award 37227) and which decided this issue at Decatur in the Organization's favor. Under the three-part test set forth in Third Division Award 37227, the Organization has shown that the work was transferred from Decatur 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 is limited to the specific transactions on the specific dates set forth in the claims filed on the property.

AWARD