NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 23597

THIRD DIVISION Docket Number CL-23507

Herbert L. Marx, Jr., Referee

(Brotherhood of Railw.sy, Airline and Steamship Clerks, ( Freight Han3lera, Express and Station Employee PARTIES TO DISPVfE: (Chesapeake and Ohio Railway Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhcod (9029) 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, James M. Monroe (2608815), 2 days in excess of 251 Annual Work Days in 1976.

(b) The carrier should sop recompute James M. Monroe's pay for the Year 1976 and allow him $115.44 for 2 days pay due to working 2 days in excess of the 251 Annual Work Days in 1976.

OPINION OF BOARD: Except at: to name of Claimant, the change in number of
holidays, the Claimant's rate of pay, and a claim for two
days' ply i>tof we day's pay, this claim is identical to that considered
by the Board in Award No. 23589. Upon full z&vida of the recordp an identical
award is eppropaUber based upon s11 the same reasoning*

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

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 aver the dispute involved herein; and

That the Agreement was violated.

Award Number 23597 Page 2

Docket Number CL-23507

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUS24ENT HOARD

By Order of Third Division

ATTEST: Acting Executive Secretary
National Railroad Adjustment B and

BY
Rosemarie Braeeh - Administrative Aeaiataat

Dated at Qiicagop Illinois., this 10th da;- of March 1982.

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