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                                        Case No.: 29


PUBLIC LAW BOARD NO. 15
 BROTHERHOOD OF RAILROAD SIGNALMEN
 SOUTHERN PACIFIC COMPANY (PACIFIC LINES)
 DON HAMILTON, Referee
 STATEMENT OF CLAIM:
 "Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Southern Pacific Company that:
 (a) The Southern Pacific Company violated the current
 Signalmen's Agreement, effective April 1, 1947 and reprinted
 _._ April 1, 1958 (including revisions), when it fails and/or
 declines to apply Rule 70, by refusing to allow time and
 one half loss of earnings on January 18, 1966.
 (b) Mr. F. C. Adamsky be allowed the difference in straight
 time rate, and time and one half rate, for two hours and J
 forty minutes (2'40") for January 18, 1966." _

    OPINION OF BOARD:

    The Carrier admittedly violated the Agreement when it failed to call the Claimant on January 18, 1966.

    The Claimant was compensated for two hours and forty minutes at the straight time rate and the Organization presents this claim based on the theory that payment should have been made at the overtime rate.'

    The record indicates that had the Claimant actually been called, he would have been entitled to the overtime rate of pay. It is our opinion, as enunciated in Award 13158, that the Claimant is entitled

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to be compensated at the rate of pay he would have received if he had in fact been called by the Carrier according to the provisions of the Agreement.

 FINDING:

          That the Agreement was violated.


                          AWARD


          Claim sustained.


                    PUBLIC LAW BOARD NO. 15


                    Don Hamilton, Chairman


                                5~122.~.~ J~.

W. T. ·J' n, Carrier Member Melvin B. Frye, Org zation Member
J ., 1