Form 1 NATIONAL RAILROAD ADJUST14M BOARD Award No. 64o'l i
' SECOND DIVISION Docket No. 6288
2-HN-CM-' 73
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was rendered.
System Federation No. 7, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)




Dispute: Claim of Dmployes:

        1. That Car Inspector td.. L. Burbach Lincoln Nebraska was

          ' improperly compensated on Thursday, November 26, 1970, the second rest day~of his assignment, when only allowed time and one-half his basic rate of compensation.


          2. That accordingly, Car Inspector M. E. Burbach is entitled to be additionally compensated for four (4) hours at the straight time rate, which represents the difference in time and one-half payment received for that day and the double time payment due for the

          eight (8) hours service performed on his second rest day. j


Findings

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

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

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        The parties to this case are the same as in Award No. 64P8. i

The work eras performed at the same location. The facts are almost identical. The
issue is the same. The contentions of the parties are the same. Claimant in this
case has a more favorable position than did the claimant in the prior Award if we
were to lend credence to the Carrier's contention in the prior case. In this case
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Form 1 Award No. 6491
Pa,ge 2 Docket No. 6288
2-EN-CM-173

the stork performed by claimant on his rest days was the same as performed by him during his regularly assigned five work days.

The reasoning set forth in Award No. 6488 is incorporated herein as th;)ugh fully set forth.

                          A W A R D


        Claim sustained.


                          NATIONAL RAILROAD ADJUSTA=11 HOARD By Order of Second Division


Attest; ~~. Lt
Icecutive Secretary

Dated at Chicago, Illinois, this 2nd day of May, 1973.