1. That carman tenlative D. L. Jones rcgularly assigned as Lead Car Inspector was improperly compensated Wednesday, May 27, 1970 ( his second rest day

          o" his reular assigned work week) when only allowed time anti one-Waif i

          (A) rate-;' in violation of National Agreement signed April 2t., ;.·J-;0.


          2. Acccrdingly Jones is entitled to be additionally compensated the dift'crence between time and one-half (12) and double time rate fcr eight (i) hours at Lead Car Inspector's applicable rate.

    i Findings:


    The Second Division of the Adjustment Board, upon the whole recora and all the evidence,finds that:


    The carrier or carriers anti the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Lai,r:r Act as approved June 21, 194.


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    This Division of the Adjustment Board has jurisdiction over the dicF.utE: involved herein.


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

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        Claimant was scheduled to and did work his regular assignment five ucces.: iae

    days starting at 1.1 P.M. an·i ending at 'l A.M. each day. At 7 A.M. on the fifth (lay I.

    of work, claimant was assigned to continue to wor'_t until 3 P.M. fie w3.^, paid one

    and on;~ half timF~s his regular rate cf pay. He was then assigned work starting tae

    next day at 7 A.M. until :~ P.M. for which he was paid one and one half t.*,.rr.,-:: his

    regular rate of l))ay.


    The Organization contends in effect, that claimant completed his fivf suece^::ivc clays regular assignee, hours of work and was then entitled t<~ ..:t frir two suc.<.k-fssiv-- days starting a!'ter he finished the fifth day's reeular -:F~.~.iF;n^nent from 11 P.M. tc 7 A.f,'1. In this event, it is claimed, the first crfra as7i~Tnmcnt from 7 A.M. to 3 P.M. occurred on his first rest day, the second extra assignment

I, from 7 A.M. tc; 3 P.M. occurred on his second rest day and therefore, claim,!nt !,hcul(.:
    receive double time for the second extra assignment. Article V of Ag_rF-mcnt. of j

;' crm 1 Award No. 6375 t
 i'a.~-E ^ Docket No. 62;'_2
 .., 2-C&0-CM-`72

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Alril 24, 1970 which applies states: "All agreements -- are amended to provide :hat service performed--cn the second rest day--shall be paid at double the -ratc provided he has worked all the hours of his assignment in that work week and has worked on the first rest day of his work week,--".

 The Carrier has no quarrel. with this provision. It argues, however, that claimant's first extra. assignment was overtime paid for according.to Rule 6(a) of tie Ag:reem~ent which states: "All overtime continuous with regular bulletined hours will. be oat:.' for at the rate of time and one half--." Carrier then argues that each 214 hour day started when claimant began his assignment at 11 ?.M., and contends that the first extra assignment was during his fifth day of work, not on his first rest day; the second extra assignment was during the sixth 24 hour period or rest day so that no double time was involved.

 It is clear that the first extra assignment continued immediately after the regular bulletined hour.3. Each day of a five day work week is a twenty four hour period followed by two twenty four hour periods of rest. Awards in the Second, Third and Fourth Divisions hold that the twenty four hour periods start with the beginning of the bulletined hours which in this case is 11 P.M. If the rest day began at 7 A.M. at the end of the regular assignment for the fifth day, it should follow that every day would be a rest day starting at 7 A.M. It could not be argued successfully that an extra assignment starting at 7 A.M. on the third cr fourth day of the work week was perforated on a rest day any more than if it started at 7 A.M. on the fifth day of work.

 The first extra assignment was overtime under Rule 6(a), the second one was on the first rest day. See Awards: Second Division 1485, 1564, 1674, 4704; Third Division 2030, 2346, 9247, 9839, 12115, 13062, 14927, 17824; Fourth Division 11.73.

                        A W A R D


      Claim denies?.


                        OTIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division


Attest:

 Executive Secretary

 Dated at Chicago, Illinois, this 28th day of September, 1972.