"Carrier File 6(01-0075) TCU File 1.2522(18)SCL

1. Carrier violated the Agreement(s) on various dates [7], as noted in each claim, when it allowed Yardmaster J. M. Watson to make YSBO 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 in 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.

Carrier File 6(01-0077) TCU File 1.2520(18)SCL

1. Carrier violated the Agreement(s) on September 15, 2000,

when it allowed Yardmaster M. V. Gogerty to make Yard

Inventory Adjustments (YSIA) [YSBOj 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 in Jacksonville, Florida.

Carrier File 6(01-0154) TCU File 1.2575(18)SCL

1. Carrier violated the Agreement(s) on September 21(5), 24(3)

and 26(2), 2000, when it allowed the Yardmaster/Clerk (as

specifically named in each claim) to adjust the Yard inventory

tracks [YSBO] at Decatur, Illinois, in lieu of allowing Clerk R.

L. Wilson to perform this work at the Customer Service Center

in Jacksonville, Florida.

2. Carrier shall now be required to compensate Clerk Wilson, ID

518563, eight (8) hours at time and one-half the current rate of

$147.14 for the above violation.

Carrier File 6(01-0165) TCU File 1.2586(18)SCL

1. Carrier violated the Agreement(s) on September 23 and 24(2), 2000, when it allowed Yardmasters to make Yard Inventory (YSBO) 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 in 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."

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 or Clerks at Decatur, Illinois, 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 these claims 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 these claims.

The record in this case shows that the disputed work: (i) 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. See also, Third Division Award 37965 which sustained a similar claim at Decatur.

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.

AWARD