NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19646

THIRD DIVISION Docket Number CL-19437

Robert M. O'Brien, Referee

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

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6966) that:

1) Carrier violated the Clerks' Rules Agreement at Milwaukee, Wisconsin when it failed and refus for work performed on the following dates and positions:

Date Position No. Rate of Pay

1/29/70 09690 $ 25.7450

2/3 07560 26.6271

2/12 09470 "

2/24 07500 25.9548

2/25 07500 "

2/26 09480 26.6271

3/3 07550 "

3/11 09840 "

3/17 07550 "

3/20 07550 "

2) Carrier shall compensate employe F. Holzem for the difference between the overtime rate of ea regularly assigned higher Chief Clerk position.

OPINION OF BOARD: The issue involved herein is: Did the Carrier violate Rule
17 of the Agreement when it failed to compensate Chief Clerk
Francis Holzem at the higher rate of his Chief Clerk's position when he filled
various positions on an overtime basis on ten (10) dates in January, February
and March, 1970.

The application of Rule 17 in overtime situations has been the subject of three prior Awards by this Board involving this Carrier - Award 17618 (Referee Dugan), Award 18945 (Referee Edgett) and Award 19458 (Referee Devine). These Awards sustained the claim of petitioner. We must follow these decisions herein and sustain this claim.

In addition to defending the claim for all ten (10) dates on its merits, Carrier raises procedural questions with respect to seven (7) of the ten (10) dates. They argue that the claims for January 29, February 2, 12, 24, 25, 26, and March 3, 1970 are out of time. From the record before us, we conclude that claims for these seven (7) dates are untimely and they will be dismissed.

Award Number 19646 page 2

Docket Lumber CL-19437

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

That the parties waived oral hearing;

That the Carrier end the Employes Involved in this dispute are respectively Carrier and 4-)loges within the meaning of the Railwty Labor Act, as approved June 21, 1934;

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

That the Agreement was violated.

A W I: R D

Claim sustained and dismissed as set forth in the Opinion of Board.

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Dated nt ChicnEo, Mincfs, f.?lis 27th day of February 1973.