(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE: (Chicago, Milwaukee, St. Paul and Pacific Railroad Company

1) Carrier violated the Clerks' Rules Agreement at Milwaukee, Wisconsin when it failed to properly compensate employe E. R. Cary for overtime work performed.

 2) Carrier shall now be;tequired to compensate employe E. R. Cary for the difference between the overtime rate pf his regular assigned Chief Clerk Position 09530 and the overtime rate of each position filled an overtime on each of the following dates:









OPINION OF BOARD: The issue involved herein is whether or not Carrier violated
 Rule 17 of the Agreement when it failed to compensate Chief
 Clerk E. R. Cary at the higher rate of his Chief Clerk position when he filled
 various positions on an overtime basis on seventeen (17) dates in January, Feb
 ruary and March, 1970.

 The application of Rule 17 in overtime situations with this Carrier has been the subject of two prior Awards by this Board - Award No. 17618, Referee Dugan, and Award N of Petitioner. We will follow these decisions herein and sustain the Claim.

 In addition to defending the claim for all seventeen (17) dates on its merits_ Carrier raises procedural questions with respect to eight (8) of the seventeen (17) dates. They argue that the first six (6) dates of the claim - January 22, 26, 28, 30 two (2).dates - February 22 and 2d, 1970 are moot as Claimant received pay at the rate claimed for those dates. From the record before us we conclude that claims


for. the six (6) dates are untimely and claims for the other two (2) dates are moot. Accordingly, claims for these eight (8) dates will be dismissed.

        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 violated in accordance with the Opinion.


                      A W A R D


        Sustained and dismissed as set forth in the Opinion of Board.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
 Executive Secretary

 Dated at Chicago, Illinois, this 30th day of October 1972.