NATIONAL RAILROAD ADJUSTMENT BOARD

The Third Division consisted of the regular members and in addition Referee Herbert L. Marx, Jr. when award was rendered.

(1) The Agreement was violated when the carrier failed and refused to properly compensate Cook M. A. Lang for the overtime service he performed on August 23, 24, 25, 26, 27, 28, 29, September 7, 8, 9, 10, 11 and 12, 1989 [System File COOKS-89-51/12(89-1044) SSY].

(2) The Agreement was further violated when the carrier failed and refused to properly compensate Cook N. Solomon for the overtime service he performed on August 25, 26, 27, 28, 29, September 7, 8, 9, 10, 11 and 12, 1989.

(3) The Agreement was further violated when the carrier failed and refused to properly compensate Cook D. L. Jones for the overtime service he performed on September 7, 8, 9, 10, 11 and 12, 1989.

(4) As a consequence of the violation in Part (1) above, Mr. M. A. Lang shall be paid seven hundred one dollars and forty-six cents ($701.46)

(5) As a consequence of the violation in Part (2) above, Mr. N. Solomon shall be paid six hundred sixty-six dollars and eightytwo cents ($666.82).

(6) As a consequence of the violation in Part (3) above, Mr. D. L. Jones shall be paid three hundred fifty-nine dollars and thirty-nine cents ($359.39)."

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Except as to dates, this Claim is identical to that reviewed in Third Division Award 30009, and the Board reaches the same conclusion.

A W A R D