(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (Consolidated Rail Corporation ( Former Lehigh Valley Railroad Company

(a) Carrier violated the May 1, 1955 Rules Agreement between the parties when it refused to pay Clerk Herbert F. McKellin the Funeral Leave alicwance prescribed by Rule 60 (d) of said Agreement when he was absent during the period November 14 through 19, 1974, because of the death and funeral of his mother-in-law.

 (b) Carrier now be required to pay Claimant McKellin three days pay at the applicable pro rata rate of the position to which he was regularly assigned prior and subsequent to the dates of said absence.

 OPINION OF BOARD: This case involves interpretation o_` Rule 60 (d)
 of the parties' agreement of May 1, 1955, reading:
 "Employes absent on account of death in family
 - maximum of three working days; same to be
 included in sick allowance granted for length
 of service.
 NOTE: Maximum allowance referred to in the
 above paragraph applies to immediate family
 only."

 The claim resulted from the Carrier's decision to limit the term "immediate family" to include only "wife, children, =father, mother, brother, or aister," as written into agreements with other crafts of employes subsequent to the agreement here involved.

 ;Then Claimant was absent November 14 through 19, 1974, due to death of his mother-in-law on November 15, 1974, his claim for payment o_' the maximum under the above rule was denied, with Carrier taking the uosition that "in-laws are not considered members of the immediate family."


Affidavits from employes attesting to their understanding that fathers-in-law and mothers-in-law were included within the term "immediate family" and that Carrier had so considered and paid similar claims since the agreement was adopted were presented on the property and such proof was not overcome by Carrier. Carrier merely asserted that the payments were in error and that agreements with other employes wherein restrictive language was written into the rules should apply to clerks also.

 In the resolution of this case, Carrier's agreement with other employes does not alter the interpretation or application of the Clerks' agreement. Here the preponderance of evidence supports the claim of the Employes that mothers-in-law have been considered within the term "immediate family."

 Claim sustained for the maximum of three working days as provided in Rule 60(d).

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all tie 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 jurisdicticn over tae dispute involved herein; and

        The Agreement was violated.


                      A W A R D , __ ..


        Class sustained Der coi=.ion.


                              ?L4TIONAL RAILROAD ADJUSTtdM BWD

                              By Crder of 'hird Division


AT'l ~~/~
 l__ST:
 Executive Secretary

        Dated at Chicago, Llinois, this 31st day o_' January 1978.