Form 1 NATIOPTAL RAILROAD ADJUSTMENT BOARD Award No.
6844
SECOND DIVISION Docket No.
6736
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No.
96,
Railway Employes'
( Department, A. F. of L. - C. 1.0.
Parties to Dispute: ( (Carmen)
( J. F. Nash and R. C. Haldeman, Trustees of the
( Property of Lehigh Valley Railroad Company,
' 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
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has been superseded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.