NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Herbert L. Marx, Jr., Referee
Award Number 23800
Docket Number CL-23722
(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-9235) 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 B. Porter, Jr., 2 days in excess
of 251 Annual Work Days in 1976.
(b) The Carrier should now recompute John B. Porter, Jr.'s pay for
the year 1976 and allow him $1696.11 = 22 x 2 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.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
Byi.z·e
n4emarie Brasch - Administrative assistant
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 26th day of ::arch, 1^82.
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