NATxONAL RAILROAD ADJUSTMENT BOARD

Award Number 23596

THIRD DIVISION Docket Number CL-23506

Herbert L. Marx, Jr., Referee

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

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9028) 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, Norbert A. Wheeler #2902085, 2 days in excess of 251 Annual Work Days in 1976.

(b) The Carrier should now recompute Norbert A. Wheeler pay for the Year 1976 and allow him $151.30 for 2 days pay due to working 2 days in excess of the 251 Annual Work Days in 1976.

OPINION OF BOARD: Except as to name of Claimant, the change in number of
holidays, the Claimant's rate of pay, and a claim for
two days' pay instead of one day's pay, this claim is identical to that
considered by the Board in Award No. 23589. Upon full review of the recordp
as identickl wrard is appropr2atep 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 8'mployes 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.

Award Number 23596 Page 2

Docket Number CL-23506

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT 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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