Form 1 - NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6660
SECOND DIVISION Docket No. 6496
2-LI-EW-'74
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( System Federation No. 156, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Long Island Rail Road Company
Dispute: Claim of Employes:
1. That the following employee, R. C. Dee, Electrician,
was deprived of the double time rate of pay worked on
Sunday, February 6, 1971 - four hours and forty minutes.
2. That the above mentioned employee be compensated at the
double time rate of pay instead of the time and a half
he 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 were given due notice of hearing
thereon.
Claimant was called for service on his rest day, Sunday,
February 6, 1972 and worked four hours and forty minutes. He was paid
at the time and one-half rate for such service but the Organization
contends he should have been paid the double time rate due to the
application of Article VII of the January 15, 1971 Sunday Work
Agreement.
While the claim was being handled on the property Carrier denied
that the Claimant was entitled to double time pay for this Sunday
work since "The number of E.T. employees working on Sunday, February 6.,
1972 was not greater than the number of E.T. employees working on
Sunday, January 17, 1971, which was the qualifying Sunday for this
rule."
Form 1 Award No. 6660
Page 2 Docket No. 6496
2-LI-EW-'74
Article VII - Sunday Work has been interpreted by this Division
to require double time payment for any employee assigned to Sunday
work above the maximum number of employes regularly assigned to Sunday
work at the time of the Agreement. It is undisputed that the number
of employees regularly assigned to Sunday work at the time the above
Rule was adopted was fifty-nine (59). And Carrier maintains that on
the claim date herein less than fifty-nine employees were assigned
to Sunday work. This has not been refuted by the Organization and we
must consider it factual.
Since Carrier did not assign more than the number of employees
agreed upon in Article VII of the January 15, 1971.Agreement on the
claim date herein, February 6, 1972, there is no merit to the claim
and Claimant's request for double time pay instead of the time and
one-half actually paid for his Sunday work must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By-~r1_-zf- _ ·1
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osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 20th day of March, 1974.