(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (The Belt Railway Company of Chicago

1. The Carrier violated the effective Clerks' Agreement when it called Chief Clerk F. J. Cooke to fill the balance of the assignment of Position No. 27, Crew Clerk, on November 1, 1977, and failed and refused to compensate him eight (8) hours' pay at the time and one-half rate of said position.

 2. The Carrier shall now be required to compensate Clerk F. J. Cooke for five (5) hours' pay at the time and one-half rate of Position No. 27 for November 1, 1977.

 OPINION OF BOARD: On November 2, 1977, while working his regular
 assignment as Crew Clerk - Position No. 27, with
 assigned hours of 10:55 p.m. to 6;55 a.m., in the Crew Board Office
 at Carrier's Clearing Yard in Chicago, Illinois, Mr. Richard Downs
 became severely ill from smoke fumes emanating from a lighting
 transformer which had burned out at about 2:45 a.m. As the Crew
 Board Office is a continuous round-the-clock operation, responsible
 for calling engine and train service crews, yardmasters, switchtenders
 and car retarder operators, Clerk Downs, upon a determination he was
 too ill to fulfill his assignment, called the Claimant, Mr. Frank J.
 Cooke, the Chief Clerk - Position No. 11, with assigned hours of
 6:55 a.m. to 2:55 p. m., to relieve him. Mr. Cooke arrived at the
 Crew Board Office at approximately 4:30 a. m. to relieve Mr. Downs
 and also to complete his own regular assignment for that day which
 began the same time Mr. Downs' assignment ended, 6:55 a.m. Upon
 completion of his assignment, the Claimant filed a time slip for
 8 hours' pay at the time and one-half (1k) rate of Position No. 27
 and 8 hours' pay at the pro rata rate of his own position.


Accordingly, Claimant received payment for these amounts in his
 following pay check. Subsequently, Claimant received a letter from
 Carrier's Assistant Superintendent under date of January 6, 19789
 informing hi that he had been overpaid for his time in relieving
 Mr. Downs on the morning of November 2, 1977, and as a result five
 (5) hours at time and one-half (1'k) was being deducted from his
 next pay period.

 The record before the Board is abundantly clear, substantial and persuasive with regard to the existence of a long standing practice and interpretation upon the rule in dispute. This clearly supports the position of the employes, and includes a settlement made by the former Director of Labor Relations and Personnel on the identical issue. We note that the settlement was' not captioned to be "without precedent" or "without establishing a practice." Rather, it was clear and to the point that the dispute would be settled by allowance of the claim consistent with the request of the evidence, is clear and convincing that the claim should be sustained.

        F LVDINGS: 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
                    Award Number 22753 Page 3

                    Docket Number CL-22809


        That the Agreement was violated.


                    A W A R D


Claim sustained. Carrier shall compensate Clerk Frank 3. Cooke for five (5) hours` pay at the time and one-half (1'k) rate of Position No. 27 for November 2, 1977.

                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: ez' '(41

        Executive Secretary


Dated at Chicago, Illinois, this 29th day of February 1980.