_ Docket Number CL-23725


                      Herbert L. Marx, Jr., Referee


                      (Brotherhood of Railway, Airline and Steamship Clerks,

      ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE:

                      (Chesapeake and Ohio Railway Company


      STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood

      (GL-9238) 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 J. H. Painter, 2 days in excess of
 251 Annual Work Days in 1976.
 (b) The Carrier should now recompute J. H. Painter's pay for the
 year 1976 and allow him $1,633.77 t 22 x'Z 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
 t 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 Employee involved in this dispute are respectively Carrier and Employee 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


        y

          o ewarie Branch - ALITainisteative Assistant


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

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