THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: Claimant Machine Operators D. B. Sullivan and G. A. Klich were assigned to their respective positions by bulletin. At the time of said assignment, the Carrier designated the Carpenter Shop in Kirk Yard, Gary, Indiana, as the assembly point for the claimants. For a period of time thereafter, the claimants started and ended their day's work at this location.
The Carrier later designated a second assembly point for the claimants, namely, the Supervisor's Office, Switchmen's Building in the Gary Mill Yard, Gary, Indiana. The claimants were thereafter required to start and end their day's work at this second location.
The Carpenter Shop has historically and traditionally been the regularly assigned assembly point of all B&B employes at Gary. It is equipped with facilities for washing, for eating lunches, for changing clothes and for the safe storage of the employes' clothing, tools and other personal belongings. It also has facilities for the posting of bulletins, seniority rosters, notices, etc. for ready accessibility to the employes.
One-quarter hour preceding and continuous with the regular work period and one-quarter hour following and continuous with the regular work period was consumed in traveling from and to the subject Carpenter Shop for which the claimants received no compensation.
While assembly point changes were affected in the consolidations involved in Award No. 5830, the Board will note that this was not the area in which the Organization forced issue and made objection.
In addition to the above, no objection of the instant nature was raised concerning the application of Rule 24 when this Carrier, on June 30, 1946, consolidated the many Track Sections (approximately 25 in number) operating on the Carrier's Gary Division into three (3) Sections, with corresponding regular assembly point changes for the affected employes.
Rule 24, above, appears in the current 13MWE Schedule as it was revised and reissued August 1, 1952. It is verbatim Rule 24 of their prior Schedule, which had an effective date of December 1, 1945. Rule 24 is a system rule applying with equal force and effect to all contract Maintenance of Way Employes, regardless of the sub-department in which they work and the craft or class in which they fall.
OPINION OF BOARD: This claim presents the question of whether or not, under Rule 24 of the Agreement, Carrier can designate a new and different regular assembling point for Crane Operators Sullivan and Klich, claimants herein.
Originally, Claimants' designated assembling point was a location in Kirk Yard, Gary, Indiana. Subsequently, Carrier designated a new location in the Gary Mill Yard, Gary, Indiana, as Claimants assembling point. Within time, the Organization filed this claim.
At the property and in its submissions, the Organization complained that the Carrier had violated Rule 24 of the Agreement when it required the Claimants to report to the new assembling point for the reason that same was not the "regularly designated assembling point," i.e., the location in Kirk Yard.
Said rule is a specific rule relating to an employe's assembling point. The implication thereof does not prohibit or restrict the Carrier from redesignating a new regular assembling point.