C:\AWARDS\OUT\2-06670.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6670 SECOND DIVISION Docket No. 6532 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. ISG, Railway Employes'

p ( Department, A. F, of L. - C. I. 0.

Parties to Disute: ( , (Electrical Workers) ( The Long Island Rail Road Company Dispute: Claim of Employes:

1. That-the following employee, W. t1. Smith, Electrician9 was deprived of the rouble time rate of pay worked on Sunday, March 19, 1972 - two hours and forty minutes - when he was called out to work on supervisory equipment trouble at Sub-Station EOI (Penn 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.

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that: The carrier or carriers and the employs or employes involved in this dispute are respectively carrier and employs 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 two hours and forty minutes on Sunday, March 19, 1972 for which he was paid at the time and one-half rate. In a letter dated stay 18, 1972, the Carrier advised the General Chairman that the claim was invalid because the number of E.T. employes who worked on Sunday, :March 19, 1972 were no greater than the number permitted to work without penalty under Article VII of the Agreement. This has not been challenged by the Employes. Form 1 Award No. 6670 Page 2 Docket No. 6532 2-LI-EW-' 74 For the reasons stated in Award No. 6662 s which are applicable here and are affirmed, the Board finds that the Agreement was not violated and that the claim has no merit.

A W A R D

Claim is denied. NATIOKAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board By R -s_. <.: ___ ' ~. it ~..r.~" ~ semarie Brasch -Administrative Assistant Dated at Chicago, Illinois, this 22nd day of March, 1974.