STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL 6039) that:
EMPLOYES' STATEMENT OF FACTS: The Carrier at its Clearing, Illinois car handling facility maintains an Agent's Office that is operated primarily five (5) days per week with one eight (8) hour shift.
Prior to March 26, 1957 and July 21, 1958, all positions in the Carrier's Agent's Central Office, were generally assigned to work 8 A. M. to 4:30 P. M., with an assigned meal period of thirty (30) minutes, under the provisions of the current Rule 39, which included Positions 207, 132 and 318, among others. Current Rule 39 is identical to our former Rule 40.
On March 18, 1957, the Carrier issued Bulletin No. 23, advertising Position 207 with assigned hours of 8 A. M. to 4 P. M., indicating that the status of the position was changed from one with an assigned meal period under the provisions of then Rule 40, to one of continuous service, under the provisions of then Rule 41, without concurrence or agreement.
These rules were incorporated in the agreement signed February 26, 1964 to become effective March 1, 1964. Rule 73 of the 1964 agreement provides that:
OPINION OF BOARD: By bulletin notice dated March 18, 1957 Carrier changed Position No. 207 from a position with an assigned meal period under Rule 42 to one continuous service under Rule 41. The assigned meal period was thirty minutes and this had the effect of shortening the work day by thirty minutes. There was no abjection by the Organization provided that same additional twelve positions be similarly changed. The additional positions were changed.
By bulletin notice dated May 29, 1965 Carrier changed Position Nos. 207, 318, and 132 back to positions with an assigned thirty minute lunch period thereby extending the quitting time from 4:00 P. M. to 4:30 P. M. Such changes were made without consulting the Organization.
Organization contends that Carrier violated several rules of the Agreement, principally: Rules 9 and 39, among others, by unilaterally effecting meal changes on the positions in question.
BULLETINS-ADVERTISING NEW POSITIONS
AND VACANCIES
(a) New positions or vacancies of more than thirty (30) calendar days' duration will be promptly bulletined in agreed upon places accessible to all employes affected for a period of seven (7) calendar days. Bulletin to show location, descriptive title of position, brief description of the principal duties, rate of pay, assigned hours of service, assigned rest days and assigned meal period."
The Organization contends that under Rule 39 the Carrier could not have increased the meal period (from 20 minutes to 30 minutes) without agreement.
The rule does not so provide. The rule has nothing to do with the Carrier's increasing the meal period time, as it did in the instant dispute, from 20 minutes to 30 minutes. Obviously the rule would come into effect if Carrier attempted to decrease the meal period from 30 minutes to 20 minutes.
Rule 9 is limited in its application to "New positions or vacancies of more than thirty (30) calendar days' duration * * '." We are not faced with. either of these situations. In this connection, the Organization relies on Award 6005 wherein it was held that any change in the items listed in the bulletin rule in effect constitutes a new position and must be re-bulletined. We are inclined, however, to favor the reasoning and holding of later awards, which are inclined otherwise.
Analysis of the Agreement fails to disclose any provision which specifically prohibits Carrier from modifying the duties of any position or requires that each duty to be performed be listed in the description of duties contained in the applicable bulletin. Furthermore, Rule 9 (a) merely requires the prompt bulletining of a new
position and does not imply that a position be deemed new because of additional duties.
In view of the foregoing, we roust conclude that the ?.freemen: does not prohibit Carrier from changing the duties of a position and even requiring that these duties be performed at a different location. Awards 13719, 13192, 14126 and 13201. Comparison of the original bulletin with the notice of May 29, 196,1 reveals that the principal duties are essentially the same, and that such changes which did occur are permissible as incidental to those enunciated in the original bulletin. Awards 15799 and 15484.
"The Employes base their claims on the provision of this Rule that 'Bulletins will show the location, title, hours of service, rate of pay, new position or vacancy.' This provision does no more than specify the information which will be shown in the bulletins required by the Rule. It does not purport to state, directly or indirectly, any restraint on the Carrier from effectuating a change of position hours. We are not referred to any rule of the Agreement which has such restraining effect; and our functions do not authorize us to add it. In the absence of such rule, no violation of the agreement occurred when the Carrier changed the hours of the Claimants' positions. See Awards 7296, 7362, 7653, 7786."
"Rule 10 (b), which requires that new positions be bulletined, presents a closer question, in view of possible inconvenience caused Claimants by the changes. However, in the absence of a rule defining or shedding additional light on the meaning of 'new positions,' we are not disposed to find the addition of a one-hour meal period and resulting reporting and quitting time changes sufficiently material to constitute 'new positions.' There is no valid basis, therefore, in our opinion, for applying Rule 10(b) to this matter. See Third Division Award 9567 and Fourth Division Award 1587."