NATIONAL RAILROAD AD.JL2S'I'MF.NT BOARD

TIiIRII DIVISION

Award Number 23746

Docket Number CL-23652

Herbert L. Marx, Jr., Referee

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

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9177) 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 John F. Burner 1 day in excess of 251 Annual Work Days in 1976.

(b) The Carrier should now recompute John F. Burner's pay for the year 1976 and allow him $72.69 for 1 days pay due to working 1 day 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 Employer 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.

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest: Acting Executive Secretary

National Railroad Adjustment Hoard

By ~~ R il w~ n

K-04emarie Brabcli - Administrative Assistant

Dated at Chicago, Illinois, this 26th day of ::arch, 1°82.

·~ ~.v,r

i, ;~
t i -~ :_
i
~ v
w _
~~,CJ
-' ._n c
.c,i
J
\J Si
\\