. ~~ 1 NATIONAL RAILROAD AIXTUSTMENTT BOARD Award No. 6554
SECOND DIVISION Docket No. 6314
2-LI-EW-'73





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.