Form 1 NATIOL%1AL RAILROAD ADJUSTMENT BOARD Award No. 6663
' SECOND DIVISION Docket No. 6513
2-LI-EW-' 74
The Second Division consisted of the regular members and in
addition Referee David Dolnick 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 employee, J. Forrester, Electrician,
was deprived of the double time rate of pay worked on
Sunday, February 27, 1972 - five (5) hours - when he was
called to work at Sub Station PS02.
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.
The facts in this claim are comparable to those in Docket No.
6512, which was adjudicated in Award No. 6662 by denying that claim.
Here, the Claimant was assigned and did work five (5) hours on
Sunday, February 27, 1972 for which he was paid at the time and
one-half rate. In a letter dated April 17, 1972, the Carrier wrote
to the General Chairman that: "The number of E.T. employees working
on Sunday, February 27, 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." This has not been challenged by
the Employees.
For the reasons stated in Award No. 6662 , which are applicable
here and are affirmed, the Board finds that the Agreement was not
violated and that the claim has no merit.
Form 1 Award No. 6663
Page 2
Docket No. 6513
2-LI-EW-'74
A W A R D
Claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second
Division
Attest: Executive Secretary
National Railroad Adjustment Board
By-~-e-e·e,2c?_~.~f.
7~
ose~rari.2 Brasch - Administrative Assistant
Dated at Chicago, Illinois,
this
22nd day of March, 1974.