(Brotherhood of Railway, Airline and Steamship Clerks ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (The Chesapeake and Ohio Railway Company ( (Chesapeake District)

(a) The Carrier violated the Agreement when it failed to pay Claimant E. S. Haye one day at prorata rate of Store Helper Position C-60, $25.17, for December 29, 1969.

OPINION OF BOARD: Claimant E. S. Haye is a cut-off employee who is protecting
 temporary vacancies at Huntington, Peach Creek and Handley,
 West Virginia.

 On December 29, 1969 he was unable to work a temporary vacancy at Huntington Stores because he was ill.

The question at issue is whether cut-off employees are entitled to sick pay benefits under Rule 60 or whether the Rule protects only regularly assigned employees.

 The Board dealt with the same question involving the same Carrier and the same Organization in two previous awards, Awards 19483 and 19633, and, in each case, the Board held that employees other than regularly assigned employees may receive sick pay under Rule 60.

 These two prior awards are dispositive of the instant case and the claim is sustained.






That the Carrier and the Dqployes involved in this dispute are respectively Carrier end luployes within the meaning of the Railway Labor Act, as approved June 21, 193!;';

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and






                          By Orucr of Third Division


AT^MT:

        ~Y.CCia:a4'a .i;;Ci'C'.G11'y


        Dated at Chicago, Illinois, this 27th d=y of February 1973.