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-9162) 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 Samuel Lubitz 5 days in excess of 251 Annual Work Days in 1976.

 (b) The Carrier should now recompute Samuel Lubitz's pay for the year 1976 and allow him $231.72 for 3 days pay due to working 5 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 ~ .L . n
      emarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 26th day of March, 1982.
 ~=~y-CEIV v'
 E ~ :,:~
      _ ,. ,.

    [~_;r 9~i:'~_ j

              ,<

~c,,. h.
~~ "o G; ice
 ._..,
 ..