DEC 15 1960 SPECIAL BOARD OF ADJUSTMENT NO. 306

:, .d. BE RA VS.
STATEMENT
 OF CLAIM: "Claim of the General Committee of The Order of-Railroad Telegraphers
 on the New York, New Haven & Hartford Railroad that:
 1. Carrier violated the agreement between the parties when it failed
 and refused to pay employes occupying monthly rated positions for
 work performed in excess of 208-1/3 hours in a calendar month.
 2. Carrier be required to compensate the occupants of the monthly
 rated positions set forth in the Statement of Facts at the overtime
 rate for all work in excess of 208-1/3 hours in any calendar month
 commencing with the month of August, 1955."

 FINDINGS* Article 33 clearly provides that "time worked (other than on as
 signed rest day) in excess of 208-1/3 hours in any calendar month
 will be paid for at time and one-half". Practices inconsistent with
 the unambiguous language of a rule do not alter the rule but simply
 bar retroactive claims.
 Carrier now asserts that it is unusual for these monthly rated
 agents to work eight hours on Saturday and there is no proof that
 they worked more than 208-1/3 hours in August 1955. No such conten
 tion was made in the handling of the claims on the property. They
 were simply denied on the basis of prior practice. Thus the Organi
 zation was entitled to consider that the alleged amount of time
 worked was admitted and it was not required to submit proof thereon
 in this case. Under such circumstances that contention of the Car
 rier comes too late for consideration herein.
 The statement of claim in the submission to this Board differs from
 that handled on the property in claiming pay for similar months
 after August, 1955. On the property the claims involved only August
 1955, so they will be sustained for that month only.

 AWARD: Claim sustained to the extent stated in the findings.

/s/ Dudley E. Whiting

DUDLEY E. WHITING, REFEREE



RUSSELL J. WOODMAN, Employe Member J. J. GAHERIN, Carrier Member

 October 7, 1960.