NATIONAL RAILRQID ADJUSTMENT BOARD

Award Number 23593

THIRD DIVISION Docket Number CL-23503

Herbert L. Marx, Jr., Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES TO DISPt1fE: (Chesapeake and Ohio Railway Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9(X'5) that:

(a) The Carrier violated the Clerical Agreement when they did not apply the provisions of the General Agreement and Memorandum Agreement dated September 1, 1949 and arrange to allow J. H. Hovatter, Jr., 3 days in excess of 252 Annual Work Days in 1974.

(b) The Carrier should now recompute J. H. Hovatter, Jr.'s pay far the Year 1974 and allay him $105.'78 for 2 days pay due to working 3 days in excess of the 252 Annual Work Days in 1974.

OPINION OF BOARD: Except as to name of claimant, the Claimant's rate of pay,
and a claim for two days' pay instead of one day's pay, this
claim is identlcal to that considered by the Board in Award No. 23589. Upon
fall review of the record, an identical award is appropriate., based upon all the
same reasoning.

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 Employee 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 ALweement was violated.

Award Number 23593 Page 2

Docket Number CL-23503

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUS24EM BOARD

By Order of Third Division

ATTEST: Acting Executive Secretary
National Railroad Adjustment Board

BY
Rosemarie Breach - Administrative Assistant

Dated at Chicago, Illinois, this 10th day of March 1982.

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