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Award No. 16942
Docket No. SG-16555
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Herbert J. Mesigh, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Missouri Pacific Railroad Company
that:
(a) The Carrier violated the current Signalmen's Agreement, as
amended, particularly Rules 304(b) and 315(a) when, beginning July
26, 1965, and continuing July 27, 28, 29, August 2, 3, 4, 5, 9, 10, 11,
and 12, 1965, the employes in Signal Gang No. 853 were instructed
and required-in order to travel to their camp cars at Valley Park,
Missouri, for lunch because there were no eating facilities at Barretts,
Missouri-to leave the job at Barretts at 12:00 Noon and return
by 1:00 P. M. They traveled for 15 minutes each way, thereby
cutting their lunch period to 30 minutes instead of one hour as provided in the Agreement.
(b) Signalmen T. B. McGuire, J. W. Dawson, B. A. Bradley,
J. W. Usher, and F. M. Sailors; Assistant Signalmen R. L. Danley,
and R. J. Stumps be paid thirty (30) minutes' pay each at their respective time and one-half rates for each of the twelve days designated in paragraph (a) above.
[Carrier's File: B-225-457]
EMPLOYES' STATEMENT OF FACTS: Claimants are members of System Signal Gang No. 853 and have camp cars for headquarters. During the
claim period, their camp cars were located at Valley Park, Missouri, and
they were working at Barretts Station. It takes about fifteen minutes by
truck to get from one place to the other.
Their regularly assigned work periods were 8:00 A. M. to 12:00 noon and
1:00 P. M. to 5:00 P. M., with lunch from 12:00 noon to 1:00 P. M. In spite
of their assignment, however, they were required on each of the claim days
to devote half their lunch period to traveling to the camp cars for lunch and
back to the job site afterwards-without pay-because there were no eating
facilities at Barretts Station. The claim is a result.
Ushwe and F. M. Sailoers, and Assistant Signalmen R. L. Donley and
R. J. Stumps, for an additional 30 minutes' compensation on each
date July 26, 27, 28 and 29 and August 2, 3, 4, 5, 9, 10, 11 and 12,
1965, based upon the contention that their meal period was reduced
30 minutes on each date while working at or in the vicinity of
Barretts, Missouri.
During the conference we reviewed our letter addressed to you
under date of November 4, 1965, and explained to you that these men
were accorded their regularly assigned meal period on dates involved and that there is no basis for their contention that their meal
period was reduced by reason of time consumed by them in securing
their lunch.
In view of the foregoing, we find no justification for changing
the decision given you in our letter of November 4, 1965, which is
hereby affirmed.
Yours truly,
/s/ B. W. Smith"
Thereafter, the Carrier received notice of the Organization's intention to
file an ex parts submission in connection with this dispute with your Board.
(Exhibits not reproduced.)
OPINION OF BOARD:
Claimants were employed on System Signal Gang
No. 853, and on dates in question were engaged in the installation of a slide
detector device in the vicinity of Barrette, Missouri and were headquartered in
camp cars at Valley Park, Missouri.
On each date of claim they returned to Valley Park to eat their noon
meal, for which claim was filed for 15 minutes at punitive rate of pay which
represents travel time in each direction, or 30 minutes each date.
The Employes rely upon rule Rule 304 (b)-Overtime and Rule 315 (a)
-Service Involving Travel of the Agreement to support their position.
Carrier asserts that the signal gang was assigned hours and a meal period
in accordance with Rule 300 (a).
The Rules do not support the Employes' position. Carrier complied with
Rule 300 (a) by releasing Claimants for a 12:00 Noon to 1:00 P. M. meal
period. Rule 304-Overtime is only applicable when work is performed on an
overtime basis outside of the "regularly established working periods" Rule
315 (a)-Service Involving Travel is only applicable wherein employes "will
be paid continuous time, exclusive of meal period, from time reporting for
duty until released at headquarters." An Employe is entitled to be paid for
his meal period at the punitive rate only if he works that period. Award 15587
and Award 16257.
We will deny the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
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That the parties waived oral hearing;
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
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 5th day of February 1969.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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