(Advance copy.
The usual
printed copies will be sent later.)
n 1 NATIONAL RAILRQAD AATUSTMENT BOARD Award No.
6550
SECOND DIVISION Docket No.
6309
I
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:
j
1. That the following employees were drprived of the double time rate
of pay on Sunday] November 7, 1971:
W. A. Burke 7 A.M.
- 3
P.M.
F. C. Wagenhauser
7
A.M.
- 3
P.M.
H. Mott 7 A.M.
- 3
P.M.
A. Gorgone 7 A.M.
- 3
P.M.
R. Maldini
3 P.M. - 11 P.M.
R. C. Bermani
3
P.M. - 11 P.M.
J. Paulis 11 P.M. - 7 A.M.
J. Russo 11 P.M.
- 7
A.M.
F. Feduk 11 P.M. - 7 A.M.
A. Marconti 11 P.M.
- 7
A.M.
2. That the above named employes 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 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 R?ilway 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
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.
I
a
Form 1 Award No. 6550
Page 2 Docket No.
6309
2-LI-EW-'73
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
~~
~. ~~0~.,~
Executive Secretary
Dated at Chicago, Illinois, this 29th day of .June, 1973.
I