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                              THE EALTINIGAF AND OHIO CHICAGO TEirfiINAL liAILROAD COLPANY.


                        AWARD IN DOCKET N0. 3


    STATEMENT Claim of the System Committee of the Brotherhood

    OF CLAIM: that:


    (a) The Carrier violated the Agreement with the Brotherhood governing

    hours of service and working conditions when it permitted or required,

    through assignment or otherwise, certain Mechanical Department employes

    and others not covered by the Scope Rule of the Clerks' Agreement to tie down or untie freight containers, vans or trailers on freight cars at

    Forest Hill Freight Station, Chicago, Illinois, in connection with movement of such cars in TOFCEE (piggy back) service beginning with July 20, 1954, and


    (b) That Claimants P. J. Kane and John Plefka be compensated at Truckers rate of pay for the equivalent number of hours that the Mechanical Department employes devoted to the tying down and untying of freight containers, vans or trailers moving in the trailers on flat cars covered by the following waybills:


    INBOUND POINT WAYBILL DATE

    TRAILER N0. OF ORIGIN N0. DATE Hi-NDLED WEIGHT


      177 Mt. Clare 320006 7-23-54 7-24-54 32947

      103 " 321417 7-29-54 7-3o-54 30576

      234 " 133862 7-29-54 7-3o-54 14000

      102 ~~ 321416 7-29-54 7-3o-54 33547

      124 ~~ 321415 7-29-54 7-3o-54 33640

      128 Phila. Pa. 102480 8- 4-54 8- 6-54 26440

      148 Mt, Clare 322571 8- 4-54 8- 6-54 25500

      120 Pitts. Pa. 234941 8- 6-54 8- 7-54 29378

      238 mt. Clare 323245 8- 6-54 8- 9-54 31057

      166 11 323710 8- 9-54 8-10-54 29738

      212 Phila. Pa. 103322 8-16-54 8-17-54 22925

      197 Mt. Clare 326231 8-18-54 8-19-54 24250

      200 ~~ 327098 8-20-54 8-21-54 31000

      151 ~~ 327558 8-23-54 8-24-54 27165

      235 " 39710 8-3o-54 8-31-54 26918

      195 ~~ 329711 8-3o-54 8-31-54 25000

      148 Pitts. Pa. 41909 9- 2-54 9- 3-54 23000

      159 Mt. Clare 302124 9- 9-54 9-1o-54 26736

      146 it 303119 9-13-54 9-15-54 23950

      185 Phila. Pa. 355027 8-31-54 9- 1-54 18500

      113 it 104738 9- 1-54 9- 2-54 31450

                                      s


-2- DOCKET NO. 3
 POINT 'WAYBILL DATE
 OUTBOUND OF ORIGIN N0. DATE HANDLED WEIGHT
 234 Chgo., I11. 75532 8- 6-54 8- 6-54 14584
 166 It 370955 8-18-54 8-18-54 24098
 197 If 373394 8-3o-54 8-3o-54 22323
 148 '~ 373795 8-3o-54 8-3o-54 20016
 230 ~~ 82756 9- 2-54 9- 2-54 25500
 148 ~~ 84903 9-1o-54 9-10-54 25500
 113 " 377214 9-lo-54 9-l0-54 31639
 159 ~~ 377658 9-14-54 9-14-54 26429

 (c) That claim shall be considered as a continuing one beginning with
 July 20, 1954, and subsequent dates to be determined from Carrier's records until the violation is corrected.

 FINDINGS:

 This claim is based on the contention that the work of tying down and untying of trailers on flat cars in the commonly called "piggy-back" operation is work covered by the scope of the Clerks' Agreement,

 The "piggy-back" service was inaugurated by the B&0 on July 20., 1954 and the aforementioned work has been performed by its Car Department employes.

 This same type of claim was presented to the Third Division, National Railroad Adjustment Board, in a case involving this same Brotherhood and the Erie Railroad Company upon which that Division issued its Award No. 7299. The Scope Rule in the Erie Agreement like the same rule in the Clerks Agreement involved here does not describe the work covered thereby. Insofar as pertinent to a disposition of this dispute, there is no material difference between the Scope Rule in the B&0 Clerks' Agreement and the Erie Clerks Agreement. The type of work asserted to be covered by the Agreement in Award 7299 was identical to the work involved here. In Award 7299 the Board carefully set forth its reasons for finding that this work is not the exclusive work of clerks. We have carefully considered this case and the Opinion of the Board in Award 7299 and find that the reasoning set forth therein (to which we subscribe) is equally applicable here. We find no reason to further labor the subject and accordingly hold that for the reasons set forth in the Opinion of the Board in Award 7299 that this claim should be dismissed.

                          AWARD


        Claims (a), (b) and (c) dismissed,


                    /s/ Francis J. Robertson

                    Francis J. Robertson, Chairman


/s/ E. J. Hoffman /s/ T. S. Woods
 . Hoffman, `-man, Employee T. S. W00 . Carrier Member

 Dated at Baltimore, 1Qd.~ this 13th day of January 1959.