(Advance copy. The usual printed copies will be sent later.)
orm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6549
SECOND DIVISION Docket No.
6308
2-LI-EW-'73
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was rendered.
( System Federation No.
156,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( The Long Island Rail Road Company
Dispute: Claim of Employes:
1. That the following employees were deprived of the double time rate
of pay worked on Sunday, November 7, 1971:
T. L.*Holder 7:30 A.M. - 3:30 P.M.
J. DeVito 3:30 P.M. - 11:30 P.M.
T. DeRasmo 11:30 P.M. - 7:30 A.M.
R. DiAugostino 11:30 P.M. - 7:30 A.M.
J. McArdle 7:30 A.M.-
3 . 30 P.M.
B. 'acob 3:30 P-M. - 11.:30 P.M.
' 2. That the Employees listed above be compensated at the double time
rate_of pay instead of the time and a half rate they received for
work performed on that day.
Findings:
The Second Division of the Adjustment Boards 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.
This Division of the Adjustment Board has jurisdiction over.the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The dispute in this case revolves around the interpretation of
Article VII, of an agreement between the parties dated January 15, 1971. The
Article deals with the rate of pay for Sunday work.
The organization contends that claimants are entitled to double time
pay according to its interpretation of the language of the Article. The Carrier
contends that they are entitled only to time and one half pay by the terms of the
article.
Form 1
Page 2
Award No.
6549
Docket No.
6303
2-LI-EW-173
A Public Law Board has sustained the Organization's position. In two
prior Awards of this Division No.
6507
and
6508
adopted as recently as May 31,
1973,
the findings stated that on the same issue the majority was obliged to
follow the Award of the Public Law Board in order to effectuate the policy of
the Railway Labor Act. In each of the three Awards referred to, the issue,
arguments and positions of the parties were the same as in this case, related
to identical claims.
In Second Division Award No.
6548,
the same dispute
was presented, involving the same issue concerning the same Article VII, between
the same parties, based on identical Sunday work assignments. The claim was
sustained.
The discussion and findings in Award No.
6548
of this Division are
therefore incorporated herein with the same force and effect as though fully
set forth.
AWARD
Claim sustained.
Attest:
NATIONAL RAILROAD
ADJUSTMENT
BOARD
By Order of Second. Division
Executive Secretary
Dated at Chicago, Illinois this 29th day of June,
1973.