Herbert L. Marx, Jr., Referee


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

                STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9109) 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 David K. Spates 2 days in excess of 251 Annual Work Days in 1976.

 (b) The Carrier should now recompute David K. Spates' pay for the year 1976 and allow him $137.66 for 2 days pay due to working 2 days in excess of the 251 Annual Work Days in 1976.

 OPINION OF BOARD: The issue in this claim is identical to that considered
 in Award 23589. The claim will be sustained on the
 basis of that Award.

        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.


                      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 -~ ~e~-4,.a~
    K5emacie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 26th day of March, 1932.
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