(Advance copy. The usual printed copies will be sent later.)

NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6551
SECOND DIVISION Docket No. 6311
2-LI-EW-' 73

The Second Division consisted of the regular members and in addition Referee Irving T. Bergman when award was rendered.

Parties to Dispute:

The Long Island Rail Road Company

Dispute: Claim of Employes:

System Federation No. 156 Railway Employes'
Department, A. F. of L. - C. I. O.
(Electrical Workers)

1. That the following employees were deprived of the double time rate of pay on Sundays November 14, 1971:

J. B, Beck
L. Grant
B. Jacob
G. Pitoscia

7:30 A.M. - 3:30 P.M.
3:30 P.M. - 11:30 P.M.
7:30 A.M. - 3:30 P.M.
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.

.zdings

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, 193..

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.

A Public Law Board has sustained the Organization's position. In two cior Awards of this Division No. 6507 and 6508 adopted as recently as May 31,
'73, 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
Form 1 Award No. 6551
Page 2 Docket No. 6311
2_LZ_Ew_'73

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 will be 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

i

Attest; ~' . 1 Qv~,..r
,Exe tive Secretary

Dated at Chicago, Illinois,.this 29th day of June, 1973.