NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 23601

THIRD DIVISION Docket Number CL-23511

Herbert L. Marx, Jr., Referee

(Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes PARTIES TO DISPM.

Chesapeake and Ohio Railway Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9033) that:

(a) The Carrier violated the Clerical Agrxment when they did not apply the provisions of the General Agreement and Me,sorandum Agreement dated September 1, 1949 and arrange to allow John H. Hovatter, Jr., 4 days in excess of 252 Annual Days in 1975.

(b) The Carrier should now recompute J. H. Hovatter, Jr.'s pay for the Year 1975 and allow him $105.74 for 2 days pay due to working 4 days in excess of the 252 Annual work Days in 1975.

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 identical to that considered by the Board in Award No. 23589, Upon
full review of the record, an identical award _s 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 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

That the Agreement was violated.

Award Number 23601 Page 2

Docket Number CL-23511

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUS'RiENT 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.

~~CEIVED~

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