(Advance copy. The usual printed copies will be sent later.)
1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6553
SECOND DIVISION Docket No.
6313
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. j
Parties to Dispute: ( (Electricians) !
(
( The Long Island Rail Road Company
Dispute: Claim of Employes:
1. That the following employee, John A. Wood, Electrician, was deprived
of the double time rate of pay worked on the following Sundays:
October 24, 1971 - 8 Hours - 8
:30
A.M. - x+:30 P.M.
October
31, 1971 - 8
Hours - 8
:30
A.M. - 4
:30
P.M.
November 21.,
1971 - 8
Hours - 8
:30
A.M. - x+:30 P.M.
December 5, 1971 - 9 Hours - 8
:30
A.M. -5
:30
P.M.
2. That the above mentioned employee be compensated at the double time
rate of pay instead of the time and half rate he received for work
i performed on these days.
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 employer 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
par
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
prior Awards of this Division No.
6507
and
6508
adopted as recently as May 31,
1973,
he 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.
Form 1 Award No.
6553
Page 2 Docket No.
6313
2-LI-EW-173
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 HOARD
By Order of Second Division
Attest: CJ ~. /~Wen, Executive Secretary
Dated at Chicago, D.1inois, this 29th day of June,
1973.