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-9252) that:


(a) The Carrier violated the Clerical Agreement when they did not apply the provisions of the General Agreement and Memorandum Agreement dated :eptember 1, 1949 and arrange to allow Graham 0'Quinn 2 days in excess of X51 Annual Work Days in 1976.

 (h) The Carrier should now recompute Graham 0'Quinn's pay for the year 1'76 and allow him $1669.93 i 22 x 2 for 2 days pay due to working 2 ,ays 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 Board


BY ~~rt~t.2..~.~. ge LlL-,
    ~.~..

    Lo~e~·. Brasch - administrative Assistant


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