(Advance copy. The usual printed copies will be sent later.)
(term 1 NATIONAL RAILROAD ADl7USTMENT BOARD Award No. 6552
SECOND DIVISION Docket No. 6312
2-LI-EW-'73
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was renaared.
( System Federation No.
156,
Railway .ESnplo3es'
( Departments 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 employes were deprived of the double time rate of
pay on Sunday, December
5.,
1971:
L. Grant 11:30 P.M. - 7:30 A.M.
E. F. Muller 11:30 P.M.
- 7:30 A.M.
R. DiAugostino
3:30
P.M. - 11:30 P.M.
T. L. Holder
7:30
A.M.
- 3:30 P.M.
J. McArdle
7:3o
A.M.
_ 3:3o
P.M.
H. Bloodgood
3:30 P.M.- 11:30
P.M.
( 2. That the above named employes be compensated at the double time rate
of pay instead of the time and one-half they received on that day.
Findings:
The Second Division of the Adjustment Boards upon the whole record and all
the evidences 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
.or Awards of this Division No.
6507
and
6508
adopted as recently as May 31,
1y73, 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
Page 2
Award No.
6552
Docket No. 6312
2-LI-EW-'Z3
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, rented
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
Ex cutive Secretary
Dated at Chicago, Illinois, this 29th day June.,
1973.