Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11960
SECOND DIVISION Docket No 11782
90-2-89-2-99
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.

(Brotherhood Railway Carmen/Division of TCU PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

1. That under the current Agreement the Carrier violated Rule 35 when it deducted one (1) day's pay from Carman H. T. Conger's pay period of May 30, 1987.

2. That the Carrier be ordered to repay Carman H. T. Conger one (1) day's pay at the straight time rate.

FINDINGS:

The Second Division of the Adjustment Board upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes 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.



In early 1988 it was discovered that Claimant was paid twice for work on the same shift on May 30, 1987. This occurred because his Foreman submitted two time tickets for the same shift. Carrier recouped the overpayment from Claimant's paycheck issued April 15, 1988. The Organization filed a Claim contending that its Agreement was violated when the overpayment was recovered.

We have carefully examined the entire record in this matter and reviewed the Rules relied on by the Organization in support of its Claim. We are not persuaded that the Agreement was violated when Carrier recouped the overpayment.


Form 1 Award No. 11960
Page 2 Docket No. 11782
90-2-89-2-99








                        d&e IC

Attest:
        ancy J. D -Executive Secre-fary


Dated at Chicago, Illinois, this 28th day of November 1990.