Award No. 14980 Docket No. MS-15769

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)

Gene T. Ritter, Referee

ANDREW F. PORTER

THE NEW YORK, NEW HAVEN AND HARTFORD

RAILROAD COMPANY

STATEMENT OF CLAIM: That a certain clerk, one Mr. J. R. Dwyer, Jr., has been, and is being, improperly maintained on the Superintendent's Roster, Boston Division, of the New Haven R. R. and, this improper maintenance has deprived the claimant (A. F. Porter) of several days' punitive pay, as the file will show.

OPINION OF BOARD: The issue presented in this docket must necessarily be determined on the basis of the controlling Agreement, and the interpretations put upon the Agreement by the parties thereto. Those parties being in accord, the Claim is without merit and must be denied. See Board Awards 11257 and 8846.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

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

That the Agreement was not violated.

AWARD Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary