Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7830
SECOND DIVISION Docket ITO.
7670
2-SCL-CM-'79
The Second Division consisted of the regular members and in
addition Referee Arthur T. Van Wart when award was rendered.
( System Federation No.
42,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated terms of the
controlling agreement at Augusta, Georgia, when they changed from
a twenty (20) minute paid lunch period to a thirty (30) minute
unpaid lunch period.
2.
That the Seaboard Coast Line be ordered to compensate the following
Carmen: L. C. Reynolds, H. J. Brown, T. 0. Strom, J. F. Whitaker,
L. C. Starling, T. S. Norville, A. S. Spears, A. P. Russell, L. C.
Taylor, J. W. Lonergan, C. C. Bussey, H. E. Smith, C. E. Gallahar,
V. L. Holland, K. H. Padgett, L. M. Riley, H. Holmes, W. H.
Washington, S. Morris, J. A. Bailey, A. L. Lamb, W. W. Russell,
R. L. Brewer, R. L. Hobbs, and W. Battles for thirty
(30)
minutes
each day, five days each week, and J. Pardue, J. E. Hair ono (1)
day per week, for time between 11:30 a.m. and 12:00 Noon each day
which they are being required to take as an unpaid lunch period,
also one (1) hour each day, five days each week, for being
required to work until
3:30
P.M., which is thirty minutes beyond
their regular work day.
Findings:
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 waived right of appearance at hearing thereon.
Carrier consolidated its mechanical operations at Augusta, Georgia with
those of the Georgia Railroad into their Haxrisonville Car Shop on September
1, 1.976.
Prior thereto Georgia Railroad employees in Harrisonville Car
Shop were assigned
7:30 am to 4:00
pm, with thirty
(30)
minutes unpaid lunch
period from 12:00 Hoon to 12:30 pm. Seaboard Coast Line employees on the rip
track in East Boundxy yard were assigned 7:00 am to 3:00 p:n with a tvrenty
(20) minute paid lunch period.
F oxm 1
Page 2
Award
No.7830
Docket No.
770
2-SGL-CM-'79
Conference was held, August 1,
1976,
with the Employee Representatives
who had protested assignment of the thirty (30) minute lunch period without
pay. Carrier at their request., changed the hours of the one shift of
assignment at Harrisonville Car Shop, from 7:30 am - x+:00 .pm to 7:00 am -
3:30 pm. The lunch period vra,s changed from
12
Noon to 12:30 .pm to 11:30 am
to 12:00 Noon, The instant claims commenced to be filed thereafter.
Rule 2 - "Assignment of Shifts", in pertinent part ,reads:
"(a) When one shift is employed, the starting time shall
be
7:00
AM local time, ox as may be agreed upon at any
shop by the Company and employees covered by this
agreement. The time and length of the lunch period shall
be arranged by mutual agree~:ent . ...
underscoring supplied)
The above rule does not require that Carrier grant a lunch .period with
pay. It does require, however, that Carrier negotiate oven the time and
length of the lunch period. Carrier had here fulfilled that obligation.
That there was a failure of mutual agreement is not fatal. As was
held in this Division's Award
6691,
which involved a similar dispute on
this property:
"It was not, therefore, a violation of the Agreement for
carrier to institute _pxoceedi.rgs for the establishment
of a lunch period without pay for the employees here
involved. The Agreement provides only that the time
and length of the lunch period will be by mutual
agreement. In prior Awards of this Division, we have
held that failure to achieve such mutual understanding
does ncut carry with it the .power of the Organization
to, in effect, veto such changes. Awards
2798
and
x+605,
There was no real ,reason in the record to not follow Award
6691,
hence,
these claims will likewise be denied.
A WAR D
Claims denied.
NATIONAL RAILROAD ADJUSTNE~,'T BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
f y / -pima
·=~''-,~_,,M~ ~ .^
~. H«~'~'`j~r ° a
°:.~_ ~'~ ° fir. "
R semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 7th day of February,
1979·