Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
 Award No. 31458
 Docket No. MW-31621
 96-3-93-3-646

 The Third Division consisted of the regular members and in addition Referee Robert Richter when award was rendered.
PARTIES TO DISPUTE:

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


    (1) The Agreement was violated when the Carrier recouped $58.00 from Mr. J. Rios for an alleged overpayment of weekend per diem allowances for Saturday, December 21 and Sunday, December 22, 1991 (System File C-92-T072-9/5MWA 92-04-28D).


    (2) The Agreement was violated when the Carrier recouped $58.00 from Mr. J. A. Stater for an alleged overpayment of weekend per diem allowances for Saturday, December 21 and Sunday, December 22, 1991 (System File C-92-T075-30/5MWA 92-07-O1B).


    (3) The Agreement was violated when the Carrier recouped $116.00 from Mr. S. C. Davis for an alleged overpayment of weekend per diem allowances for Saturday, December 7, Sunday, December 8, Saturday, December 21 and Sunday, December 22, 1991 (System File C-92-T075-31/5MWA 92-07O1C).


    (4) As a consequence of the violation referred to in

    Part (1) above, Claimant J. Rios shall be allowed $58.00.


    (5) As a consequence of the violation referred to in Part (2) above, Claimant J.A. Stater shall be allowed $58.00.


    (6) As a consequence of the violation referred to in Part (1) above, Claimant S.C. Davis shall be allowed $116.00."

Form 1 Award No. 31458
 Page 2 Docket No. MW-31621
 96-3-93-3-646

 FINDINGS:

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


The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.


The parties to the dispute, the pertinent Agreements as well as the facts are similar to those in 7"Vird Division Award 31457.


For the reasons set forth in that Award these claims will similarly be denied.


                          AWARD


      Claim denied.


                          ORDER


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.


                          NATION- RAILROAD ADJUSTMENT BOARD

                          By Or~-er of Third Division


Dated at Chicago, :=linois, this 25th _ay of April 1996.