Parties to Dispute: ( (Carmen)


                      ( J. F. Nash and R. C. Haldeman, Trustees of the

                      ( Property of Lehigh Valley Railroad Company,

                      ( Debtor


    ' Dispute: Claim of Employes:


            1. That the Carrier violated the controlling agreement, particularly

            Rule 8 (6) and Rule 11, when they denied payment of double

            time rate of pay to Carmen Michael Pleskach, Ira Bowman, Paul

            Fritzinger and Harold Eckhart for work performed on August

            19, 1973. Allentown, Pa.


            2. That accordingly the Carrier be ordered to additionally

compensate the aforesaid employes the difference between the
tire and one half rate received and the double time rate they
iwere entitled to receive on the following basis, Carmen Ira
Bowman, Paul Fritzinger and Harold Eckhart 6 1/2 hours
respectively and Michael Pleskach 8 hours.
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 waived right of appearance at hearing thereon.


        The Carmen Claimants are regularly assigned to positions with their work week being Monday through Friday, with Saturday and Sunday rest days. Their regular assignment is on the first shift beginning at 7:00 A.M. The Claimants performed work in wrecking service continuously from 7:00 A. M. until 5:30 A. M., August 19, 1973, with Claimant Pleskach continuing until 7:00 A. M. the same day. August 19, 1973, was a Sunday and the second rest day of the Claimants in their regularly scheduled work week..


~w~
        The Claimants worked continuously for a period of 22 1/2 hours, with Claimant Pleskach working 24 hours.

Form 1 Page 2

Award No. 6844
Docket No. 6736
2-ZV-CM-'75

The Organization's basis of claim is Rule 8(6) which provides that all overtime beyond sixteen hours of service, will be paid at a rate of double time. The Carrier contends that Rule 8(6) has been superseded on the second rest day by Article V of the April 24, 1970 Agreement. We disagree with the Carrier's contention. We find that Article V does not supersede Rule 8(6) of the Agreement. Article V does not change Rule 8(6). We shall sustain the claim.

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division


Attest: Executive Secretary
National Railroad Adjustment Board

semarie Brasch - Administrative Assistant

Dated at-Chicago, Illinois, this 7th day of April, 1975.