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-9180) that:


                Claim No, i:


(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 Daniel H. Kirby 2 days is excess of 251 Annual Work Days in 1976.
 (b) The Carrier should now recompute Daniel H. Kirby's pay for the year 1976 and allow him $129.04 for 2 days pay due to working 2 days in excess of the 251 Annual Work Days in 1976.

 Claim No. 2:

 (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 Mary M. Kistner 2 days in excess of 251 Annual Work Days is 1976.
 . (b) The Carrier should now recompute Mary M. Ristner's pay for the year 1976 and allow her $125.68.for 2 days pay due to working 2 days in excess of the 251 Annual Work Days in 1976.

 Claim No. 3:

 (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 C. Monaghan 2 days in excess of 251 Annual Work Days in 1976.

 (b) The Carrier should now recompute John C. Monaghan's pay for the year 1976 and allow him $153.52 for 2 days pay due to working 2 days in excess of the 251 Annual Work Days in 1976.

 Claim No. 4:

 (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 Sue Ann Mullineaux 2 days in excess of 251 Annual Work Days in 1976.

 (b) The Carrier should now recompute Sue Ann Mullineaux's pay for the year 1976 and allow her $117.32 for 2 days pay due to working 2 days in excess of the 251 Annual Work Days in 1976.
                      Award Number 23749

_ Docket Number CL-23655 Page 2 '

 Claim No. 5: '

    (a) The Carrier violated the Clerical Agreement when the did not apply the provisions of the General Agreement and Memorandum Agreement dated September 1, 1949 and arrange to allow Marlin J. Pritchett 2 days in excess of 251 Annual Work Days in 1976.

    (b) The Carrier should now recompute Marlin J. Pritchett's pay for the year 1976 and allow him $125.68 for 2 days pay due to working 2 days in excess of the 251 Annual Work Days in 1976.


    Claim No. 6: ..


    (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 Herbert V. Sauter 2 days in excess of 251 Annual Work Days in 1976.

    (b) The Carrier should now recompute Herbert V. Sauter's pay for the year 1976 and allow him $125.68 for 2 days pay due to working 2 days is 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 Thir 1


    Attest: Acting Executive Secretary e ` C E I V E D ~~

    National Railroad Adjustment Board

    kAY 10

                                                    -ca?

                                                    i_


    BY

        emarie Brasch - Administrative Assistant o3o Office -

                                                      .,:


    Dated at Chicago, Illinois, this 26th day of March, 1982.