(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Port Terminal Railroad Association



(1) The Association violated the Agreement between the parties at Houston, Texas, when it failed to give Clerk H. H. Cannon at least five (5) working days advance notice in abolishing his regular assignment, Keypunch Verify
(2) The Association shall now allow Clerk H. H. Cannon one (1) day's pay at the pro rata rate of Keypunch Verify Position No. 143 for Clay 16, 1975, to accomplish the fifth (5th) working day advance notice requirement to employes whose positions are to be abolished.

OPINION CF BOARD: At 11:00 a.m. on Friday, May 9, 1975, the Carrier
posted Bulletin No. 511 which advised that
Claimant's position (Keypunch Verify 1143)-would be abolished after
working hours or. Thursday, flay 15, 1975. Claimant's assigned hours
were 7:00 a.m. to 3:00 p.m.

Claimant asserts that Carrier did not give a full five (5) working day notice as required by the pertinent agreement.

Carrier concedes that "five working days notice must be given," but it contends that Friday, thy 9, 1975 was one of those days. In other words, it asserts that the working day during which notice was given is properly included in computing the five (5) working days advance notice.

The Board has consistently ruled to the contrary. See, for example, Awards 14928, 15839, 15954 and 17219.


                    Docket Number CL-21555


        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.


                    A W A R D


        Claim sustained.


                      NATIONAL RAILROAD ADJUSTI-"IT BCARD

                      · By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 14th day of October 1977.


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