Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6651
SECOND DIVISION Docket No. 6549
2-LI-EW-'74
The Second Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
( System Federation No. 156, Railway Employes'
( Department, 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, Electricians, were deprived
of the double time rate of pay worked on Sunday, December
5, 1971.
H. Mardis 8:30 A.M. - 4:30 P.M.
I. Rosman 8:30 A.M. - 4:30 P.M.
2. That the above mentioned employees be compensated at the
double time rate of pay instead of the time and a half
rate they received for work performed 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 waived right of appearance at hearing
thereon.
Claimants in this dispute, electricians, were called in to work
by Carrier on Sunday, December 5, 1971, their rest day. They worked
for eight hours and were compensated at the time-and-one-half rate.
The Organization claims double time for the Claimants for the time
worked on December 5, 1971 based on Article VII, Sunday Work, of the
Agreement dated January 15, 1971.
The issue in this dispute is identical with that considered in
Award 6648 and involves the same parties.- However in this case
Carrier did not deny or provide evidence to establish that it did not
assign more than the number of employes agreed upon under Article VII,
on December 5, 1971; we must assutae, therefore, that Petitioner's
contention is correct and that Carrier violated the Agreement.
Form 1 --Pa ge 2
Award No. 6651
Docket No. 6549
2-LI-EW-' 74
For the reasons set forth in Award 6648 and the series of
prior Awards relying on the Award of Public Law Board 790, all
involving the same parties, we shall sustain the Claim.
A WA R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 19th day of March, 1974.