THE NEW YORK, NEW HAVEN AND HARTFORD
RAILROAD COMPANY
This claim was presented and progressed in accordance with the time limits provided by the Agreement up to and including appeal and conference with the highest officer designated by the Carrier to receive appeals. Having failed to reach a settlement, the Employes now appeal to your Honorable Board for adjudication.
The claimant in this claim was regularly assigned to Operator-Leverman's job at Cos Cob Drawbridge, regularly assigned to work 5:00 A. 111. to 1:00 P. M., with assigned rest days Monday and Tuesday. On Monday, July 5, 1965, claimant was called and required to work the assignment of first trick operator at S. S. 28, Greenwich. July 5, 1965, was being observed as the Fourth of July holiday and was also a rest day of his assignment.
of July Holiday. In view of the fact that the holiday did not fall on one of the regularly assigned work days of the claimant, the eight-hour pro rata holiday payment was improper and recovery was subsequently made. Claim was amended upon appeal before this Board for eight hours at the penalty rate. See Employes' Claims (a) and (b), Railroad Docket 10198.
As a consequence of handling the above claim, an additional claim,was initiated on behalf of Mr. Dray under date of November 30, 1965. This claim was based upon an alleged violation of the applicable time limit rule of the schedule in that the deduction was not made until after the expiration of sixty days from the date of such payment. See Employes' Claim (c), Railroad Docket 10198-A.
The instant claim was denied on the property on the basis there is no rule or authority supporting the conclusion that the Carrier may not deduct erroneous payments when such payments are discovered.
The schedule agreement between the parties dated September 1, 1949, as amended, is on file with this Board and is, by reference, made a part of this submission.
OPINION OF BOARD: Consistent with our holding in Award No. 15985, the Board finds that the Agreement was violated and Claimant is entitled to compensation under parts (a) and (b) of the Claim. He is not entitled to recover under part (c) of the Claim, and that portion is dismissed.
FINDINGS: The Third Division of the Adjustment Board, 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;