Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6668
SECOND DIVISION Docket No. 6530
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 employees, electricians, were'deprived
of the double time rate of pay on Sunday, February 6,
1972 when they were asked to work overtime after
performing their regular tour of duty.
Norman McCollum - eight hours
Carl Farrell - eight hours
2. Thai. the above mentioned employees be compensated at the
double time rate of pay ins~cad of the tine and a half
rate they received for overtime work performed on that
day.
Findings:
The Second Division of the Adjustment Board, upon the whole
record anti 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 the instant claims are comparable to those in
Docket No. 6512, which was adjudicated in Award No. 6662 denying the
claims. Here, the Claimants were assigned to work on Sunday,
February 6, 1972. Here also, the number of employes assigned to
work on that Sunday did not exceed the maximum number of 59 who
are permitted to work on Sundays, without penalty pay, under Article
VII of the Agreement. The statement in Carrier's letter of March 8,
1972 stating that the scheduling of the Claimants to work on Sunday,
Febn.jary 6, 1972, did not increase "the normal number of scheduled
positions that are recognized as working on Sunday" has not been
refuted.
Form 1
Page 2
Award No. 6668
Docket No. 6530
2-LI-ESA'-t 74
For the reasons stated in Award No. 6662
which are
applicable
here and are affirmed, the Board
findsrthat there is no
merit
to
the claims.
A W A R D
Claims
denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
.os~emarie Brasch - Administrative Assistant
Dated at Chica ;o, Illinois, this 22nd day of March, 1974.