NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21511
Robert M. O'Brien, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8027, that:
1. Carrier violated the Agreement between the parties at
Mosgrove, Pennsylvania, when it refused to allow Mr. W. J. Busch 3 hours'
additional pay for Sunday, June 10, 1973.
2. Carrier shall compensate Claimant Busch 3 hours' additional
pay at the rate of the Agent-Operator position at Mosgrove, Pennsylvania
for the date of Sunday, June 10, 1973.
OPINION OF BOARD: The claim now before this Board is essentially the
same claim that was
before this
Board in Award Nos.
21074 and 21326. The salient facts, the applicable contractual provisions,
and the respective contentions of the parties are virtually identical.
This Board has carefully reviewed the findings made by the Board in
Award Nos. 21074 and 21326, and we do not find them palpably
erroneous.
We thus subscribe to the reasoning of the Board in those Awards, and
based thereon, we must deny the instant claim.
r
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 Number 21651 Page 2
Docket Number CL-21511
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: al/V
Executive Secretary
Dated at Chicago, Illinois, this 18th day of August 1977.
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