(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employee PARTIES TO DISPUTE: (Norfolk and Western Railway Company

1. Carrier violated, and continues to violate, the agreement between the parties, when, on January 4, 1977, J. A. Gobbell was arbitrarily released from position of Chief Clerk and her request for a hearing to determine the cause of such action was denied.

 2. Carrier shall pay Ms. Gobbell the difference in rate of Chief Clerk and otter positions held from January 5, 1977 and until such time as she is returned to the Chief Clerk position or until such time as the agreement is complied with and she is given the bearing reqnested per Rule 28.

 OPINION OF BOARD: This Claimant had been assigned to the Chief Clerk
 position at Carrier's Toledo Twir=l; which
 position was excepted from certain of the rules of the applicable
 agreement; including the Promotion, Assignment and Displacement Rule.
 However, the position was not excepted from the provisions of Rule 28 -
 Unjust Treatment.

 The Claimant was relieved from the Chief Clerk position on January 4, 1977, and thereafter, she requested a hearing under Rule 28. Carrier denied the request on the basis that:

The applicability of Rule 28 to situations of this type has been considered and decided on this same property between these same parties. Award No. 28 of Public Law Board Ho. 1790 ruled:


"Rules 10 and 28 are not in conflict.° We agree with that conclusion, and in this case, we find no conflict between Rules 26 and 28. Thus, it would seem that on this property, the Agreement relative to the employe's right to a hearing under Rule 28 is - or should be - put to rest.

 However, inasmuch as the position here involved was an excepted position as described by Rule 26 and Carrier therefore retained the right of appointment and removal, we will not award the allowance requested in Part 2 of the Statement of Claim.

        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 Employee 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 E D


        Claim Ho. 1 sustained. -.


        Claim Ho. 2 denied.


                        NATIONAL RAILROAD ADJ0.5TNENT BOARD

                        By Order of Third Division


ATTEST: ~ ~ /l.~I
 Executive Secretary

 Dated at Chicago, Illinois, this 29th day of June 1979.

                                                      I