NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
GULF COAST LINES
INTERNATIONAL-GREAT NORTHERN RAILROAD
COMPANY
SAN ANTONIO, UVALDE & GULF RAILROAD COMPANY
SUGARLAND RAILWAY COMPANY
ASHERTON & GULF RAILWAY COMPANY
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(a) The hours assigned the employes at the Passenger Station at Palestine, Texas are in violation of the Clerks' Agreement. Also
(b) Claim that employes be paid at the rate of time and one-half for assigned meal period account assigned in violation of Rule 40. Also
(c) Claim that employes be paid at the rate of time and one-half for all time required to report for duty in advance of the hours specified in Rule 42, paragraph (a)."
EMPLOYES' STATEMENT OF FACTS: "Continuous service is maintained at the Palestine passenger station where we have the following positions and assigned hours:
"One or more employes are on duty at all times with work being performed during the entire twenty-four hours of each day."
POSITION OF EMPLOYES-. "The employes quote the following rules in support of this claim:
office is closed and no work to be performed, therefore, regular operations do not require continuous service, and, under Rule 40, he is not assigned eight consecutive hours with meal period. He is assigned a meal period under Rule 41 (a) reading as follows:
"Ticket Clerk assigned 3:00 P. M. to 12:00 M. N. has an assigned meal period 7:10 P. M. to 8:10 P. M. under the same conditions as the Ticket Clerk just above referred to.
"The work performed by the Ticket Clerks does not cover the 24-hour period, therefore, under Rule 42 (a), the Carrier is not required to start the shifts of the Ticket Clerks between the periods mentioned in that article.
"The Baggage Clerk assigned 8:00 A. M. to 5:00 P. M. has an assigned meal period 12:00 Noon to 1:00 P. M. and the Baggage Clerk assigned 9:15 P. M. to 6:15 A. M. has an assigned meal period 12:30 A. M. to 1:30 A. M. and are assigned a meal period as provided for in Rule 41 (a) and for the same reasons that the Ticket Clerks are assigned a meal period, as heretofore explained. The two Baggage Clerks do not perform work covering the 24-hour period, therefore, the starting time of the Baggage Clerk at 9:15 P. M. is not a violation of Rule 42 (a).
"The three Baggage Porters assigned 4:00 A. M. to 11:40 A. M. have an assigned meal period 8:00 A. M. to 9:00 A. M.
"The two Baggage Porters assigned 3:40 P. M. to 11:20 P. M. have an assigned meal period 7:40 P. M, to 8:40 P. M.
"The Baggage Porter assigned 3:00 P. M. to 12:00 M. N. has an assigned meal period 7:00 P. M. to 8:00 P. M.
"The Baggage Porters listed above are assigned a meal period as provided in Rule 41 (a), heretofore quoted, and, for the same reasons that the Ticket Clerks are assigned a meal period as heretofore explained.
"The Baggage Porters do not perform work covering the 24-hour period, therefore, the starting time of those employes is not in violation of Rule 42 (a).
"The Carrier has no record of any time claim presented by any of the employes assigned to positions listed in this case, or complaint as to their working conditions.
"It is the contention of the Carrier that the assignment of the employes in the Ticket Office and Baggage Office at Palestine is not in violation of the Agreement with the Clerks' Organization and your Honorable Board is respectfuly petitioned to so rule."
OPINION OF BOARD: In so far as Rule 40 is concerned, we concur in the interpretation placed on it in Award 1590, and claim (b) must therefore be denied.
Rule 42 of the agreement effective November 1, 1940, with which we are here concerned, reads as follows:
No distinction appears between this case and that disposed of by Award 1641. At the Passenger Station at Palestine, Texas, "work is performed during the 24 hour period." The rules here involved are the same as in Award 1641.
We concur in the construction of Rule 42 as set forth in Awards 1591 and 1641 and claims (a) and (c) must accordingly be sustained in so far as they relate to such rule.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the carrier and the employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and