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


(a) The Carrier violated provisions of the Clerks' General Agreement and supplements thereto, when on May 27, 1979 its Officers refused to honor R. W. Chapman's letter requesting rearrangement to WeighmasterlBill position C-444, and instead, forced him to rearrange to Operator position T-11 at R. U. Cabin, Russell, Kentucky.
(b) That R. W. Chapman be compensated for the difference in rate of the Operator position that he worked and the rate of WeighmasterlBill position C444, that he should of C-444; and in addition, that he be compensated for eight (8) hours at pro rata rate of Messenger C-482, for being forced to rearrange to a position in a different office force.

OPINION OF B Q4RD: Claimant R. W. Chapman was rearranged on May 27, 1979 contrary
 to Rule 12 of the Agreement. Rearrangement penalties are
 found in Rule 24. The Carrier paid Claimant the penalty under Rule 24(c).
 However, the Organization contends that Claimant was also entitled to the penalty
 set forth in Rule 24(d). In the Board's opinion this contention is not persuasive.
 In Third Division Award 15985, which dealt with claims "for both a rest day and a
 holiday where they occur on the same day", we held that "This Board is committed
 to follow a growing number of precedents which have consistently held that the
 Carrier has an obligation to make two separate payments for such service where
 there are two separate rules and no qualifying exceptions." The contract, in
 that Award, contained a separate substantive rule for Holidays (Article 4) and a
 separate substantive rule for Service Ch Rest Days (Article 6-A). In the instant
 claim there has been a violation of but a single substantive rule, namely,
 Article 12 dealing with rearrangements. Under these circumstances the Organi
 zation seeks, in effect, a "double penalty", a concept rejected by this Board
 (Third Division Awards 7370 and 12654).
        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 Rnployes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
                    Award Number 25573 Page 2

                    Docket Number CL-24669


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
        That the Agreement has not been violated.


                          A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest: C~

        Nancy ver - Executive Secretary


Dated at Chicago, Illinois, this 26th day of July 1985.
i s~