Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6664
' - SECOND DIVISION Docket No. 6524
2-LI-EW-' 74
The Second Division consisted of the regular members and in
addition Referee David Dolnick when award was rendered.
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( 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, P. Catapano, Electrician,
was deprived of the double time rate of pay worked on
Sunday, January 16, 1972 - nine (9) hours -when he was
called to work at the Bellaire Sub Station.
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.
Firdin;s:
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 the claim.
Here, Claimant was assigned and worked nine (9) hours on Sunday,
January 16, 1972 for which he was paid at the time and one-half rate.
In a letter dated March 28, 1972, the Carrier wrote to the General
Chairman that in no event is this claim valid because: "The number
of E.T. employees working on Sunday, January 16, 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 Employes.
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
Pa ge 2
Award No. 6664
Docket No. 6524
2-L I-EIV-r 74
A W A R D
Claim is denied.
NATLONAL RAILROAD ADJUST?IENT BOARD
By Order of Second Division
Attest: Executive Secretary
Natiorkil Railroad Adjustment Board
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 22nd day of March, 1974.