NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the Carrier violated the Clerks' Agreement:
1. When it failed and refused to compensate employes for time lost account of death in family-as provided in Rule 56 (b) of current agreement and Memorandum Agreement effective March 16, 1945.
2. When it arbitrarily charged four (4) days' loss of time against vacation assignment of Miss Lillian K. Henderson, Clerk in the Auditor of Revenues Office, Philadelphia, Pa.
3. That the Carrier shall be required to apply the provisions of Rule 56 (b) of the current agreement and Memorandum Agreement effective March 16, 1945, as applied prior to April 1, 1945.
4. That Carrier be required to compensate employe Miss Lillian K. Henderson, Clerk, Auditor of Revenues Office, Philadelphia, Pa., for time lost June 13, 14, 15 and 16, 1945, account of death of her Mother, due to Carrier's arbitrary action.
EMPLOYES' STATEMENT OF FACTS: "A revised working agreement between the parties, was effected March 1, 1939, Rule 56 (b) reading:
Effective June 1, 1940, President Williams issued the following instructions:
of the current agreement in this case, and did not violate the provisions of that rule in granting the request of the claimant for the vacation period involved.
In the light of the foregoing facts and circumstances set forth in this submission, it is the contention of the Carrier that the claim of the Employes should be enied.
OPINION OF BOARD: The issues in this claim are identical with Award No. 3347, Docket No. CL-3337, and for the reasons stated in that Award the claim is denied.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and