(Advance copy. The usual printed copies will be sent later.)
. ~~ 1 NATIONAL RAILROAD AIXTUSTMENTT
BOARD
Award No.
6554
SECOND
DIVISION
Docket No.
6314
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: ( (Electrical Workers) '
(
( The Long Island Rail Road Company
i
Dispute: Claim of Employes:
1. That the following Employees were deprived of the double time rate
i
of pay on Sunday., November 21, 1971:
G. F. Muller
7:30
A.M. - 3:30 P.M.
J. DeVito 3:30 P.M. - 11:30 P.M.
R. DiAugostino
11:30
P.M. - 7:30 A.M.
L. Grant 11:30 P.M. - 7:30 A.M.
J. McArdle 3:30 P.M. - 11:30 P.M.
G. Piloscia 7:30 A.M. - 3:30 P.M.
2. That the above mentioned employees be compensated at the double
time rate of pay instead of the time and a half they received 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 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 C-rrier contends
that they are entitled only to time and one half pay by the terms of the Article.
i
A Public Law Board has sustained the organization's position. In two prior
ards 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.
I
' Award No.
6554
Form 1
Docket No. 6314
Page 2 2-LI-EW-'?3
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
fuller set forth.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
$r Order of Second Division
Attest:
L / r w.
ecutive Secretary
Dated at Chicago, Illinois, this 29th day of June,
1973.