Form 1 NATIONAL RAILROAD
ADJUSTMENT BOARD
Award No. 6661
SECOND DIVISION
Docket No. 6501
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 employees, William Jones, Electrician,
was. deprived of the double time rate of pay worked on
Sunday, January 9, 1972 - six (6) hours - from 8:00 A.M.
to 2:00 P.M.
2. That the above mentioned employee be compensated at the
double time rate of pay instead of the time and a half
rate 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 Sunday, his rest day,
January 9, 1972 and worked six hours. He was paid at the time and
one-half rate. It is, the Organization's contention that he should
have been paid double time for this work, citing in support thereof
Article VII of the January 15, 1971 Sunday Work Agreement.
The issue presented for determination is clearly not one of
first impression for this Board. The same parties have litigated
essentially identical disputes where the Carrier advanced the same
arguments there as now appear in the record before us. Those claims
culminated in the Award of Public Law Board No. 790 and Second Division
Awards 6507, 6508, 6548, 6549, 6550, 6551, 6552, 6553, and 6554, all
upholding the Organization's position.
Form 1
Pa ge 2
Award No. 6661
Docket No. 6501
2-LI-EW-'74
To overrule these prior Awards which are essentially identical
to the claim at hand requires a determination by this Board that said
Awards were palpably erroneous. We believe the majority in those
Awards correctly construed and applied the provisions of Article VII
of the January 15, 1971 Agreement in upholding the Organization's
claim. Such interpretation and application we feel was not
unreasonable. Thus we cannot conclude that those Awards were palpably
in.error and we find the reasoning contained therein applicable to
the claim before us. The claim, therefore, will be allowed.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
osemarie Brasch - A7rninistrative Assistant
Dated at Chicago, Illinois, this 20th day of March., 1974.