NATIONAL RAIIROAD ADJUSTMENT BOARD

Award Number 23598

' THIRD DIVISION Docket Number CL-23508

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 CLAtci: Claim of the System committee of the Brotherhood (9430) 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, Frederick L. Nelson, III, 2605323, 2 (two) days in excess of 251 Annual Work Days in 1976.

(b) The Carrier should sow recompute Fred Nelson, III'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 is 19%.

_OPIr1I0N 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 revisV of the recolrdo an identical award is appe^opaiatep 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 Employer 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 23598 Page 2

Docket Number CL-23508

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJIISTN.ENT BOARD

By Order of Third Division

ATTEST: Acting Executive Secretary
National Railroad Adjustment Board

By
Rosemarie Breach - Administrative Assistant

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

CEIVE

~~R 1 G 59S9-

~L

, Chic

ogo OffvO'~