SPECIAL BOARD OF ADJUSTt1EIW ISO. 192

PARTIES: BROTHERHOOD OF RA7IIIAY ME) STEHTISHIP CLERICS,
FRIGHT HAiML~S, EX$i,ESS A;-JD STATIO-11 EMPLOYES
and
THE BALTIMORE Allp OHIO RAILROAD COTTA.Iff

91ARD IN DOCK1DT 110. 29

STATEP.IE!VT Claim of the System Committee of the Brotherhood that:
OF CLUIi>
(1) Carrier violated the Rules of the Clarks' Agreement when it failed to call Cashier Paul E. Kelly on Christmas holiday, December 25, 1954 instead of having certain work performed by the Supervisory Agent at Mitchell, Indiana, on that day, and

(2) That Carrier shall now compensate Paul E. Kelly for one day s pay at penalty rate for December 25, 1954.

FINDINGS: It is clear that work normally performed on claimant cashier Qs
position was performed by the Supervisory Agent at Mitchell, Ind. on Saturday, December 25, 1954. Carrier declined to pay the named claimant on the ground that the holiday fell on a Saturday which was not one of the workdays of the claimant PS regularly assigned work week. Carrier concedes that if a claim for the Extra Clerk had been timely made that it would be good.

It may be conceded for purposes of argument that the Extra Clerk had a preferential right to the work on Christmas Day. However, that is no concern of the Carrier in this case. The extra clerk is not making any claim'and the Carrier cannot be required to pay twice for the same violation. This has been held very frequently in Third Division NRAB Awards.

Claim (1) and (2) sustained.

/s/ Francis J. Robertson
Francis J. Robertson
Chairman

Isl E. J. Hoffman
E. J. Hoffman
Employee Member

Dated at Baltimore, Maryland this 18th day of February, 1959.

Isl T. S. Woods
T. S. Woods
Carrier Member