Award No. 1916~
 Docket No. CL-19480






PARTIES TO DISPUTE

BROTHERHOOD OF .RAILWAY, AIRLINE AND

STEAMSHIP CLERKS, FREIGHT HANDLERS,

EXPRESS AND STATION EMPLOYES




STATEMENT OF CLAIM: Claim of the System Ccmxnittee of the Brothaolvoo<1 (GL-6·864) that:

(a) The Caxmiey violated the Clerks' Agreement when it unilaterally axed axbitarily changed the hours of tssignment o£ the xraxsonnol employed at the Layover Building Facility at Coxto-n, Pennsylvania, effective August 8, 1968.


(b) This action on the part of the Carrier was in violation of an .4.goeement consumate.·1 between the parties on Dray 7.5, 7.956, 'whereby th·~ Employes at this facility were to work eight (&) hours per day with '

~ L;enty (20) minutes for lunch.

 (c) The two (2) employ(~s at this, Facility Mrs. Marjorie Tompkins, and Mrs. Rosemary Judge, are entitled to one (1) hour per day at punitive rate for e'ac'h and every working day from August 8, 1968, up to and including Novemb·2r 11, 1968. On November 12, 1968, this violation was corrected and employes affected resumed the hours of assignment they had previous to this violation.

EM1aTaO1:rES' STATEMENT OF FACTS: There is an Agreement as revised May 7., 1955; and subsequent thereto, referred to as the Agreement between the parties, the Lehigh Valley Railroad Company and the Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes, which Agreement is on file with the Board and by reference tlxe?veta is made a paft of this a;,,temcnt of facts.


The following Employ e Exlaibits are also, by reference made a part of this Statement of, Faota


EMPLOYES EXHIBIT NO. 1 -- Memo Lay over Facility

 Coxton_ Pennsylvania, signed and agreed to by Mr. J. J. Buckley. General Chairman and 17r. C. L. Wagner, Chief of Personnel dated May 15, 1956.

'`11-1=e.il a meal perio·;I is allowed it -will be reguarly assigned be tween the ending of the fourth hour and the be-ginning of the seventh hour after stating woa°k, unless cthl=izse azy-eed to between the managemenrt and the duly accredi7ed representative, and the meal period shall not be changed without notice Lo employes at least prior to end of previous day."


As you will note, the above quoted, pr.i'iLion permits the carrier to assign a meal period and such action could not -a-ad did not violate the agreement.


As a matter of record, due to another change in road crew assignments, effective November 12, 1,968, the subject meal periods were discontinued, when this change in runs pe-cmitted their elimination..




OPINION OT' BOARD: In this case.. Carrier's letter of denial signed by the highest designated officer to handle claims or 9-ri,2vances was dated dune 18, 1969 al-,d was iii reply to he Ceneral Chairman's appeal to that officer.



the Or ganizatiion is dated August ?G. 19 M. about fourteen months after the
 date of denial by the highest officer of the Carrier designated to handle claims
 and grievances.

Sinca the Organization failed to comply with Rue 33 of the Agreement by not progressing the case to the Third Division within nine months of the final denial by Carrier, a5 required by the '-,ule. we are barred from handling the claim and it is fox that reason dismissed.


FINDINGS: The Third Division of the Adjustment Board, upon 'the whole record and all the evidence, finds and holds:




That the. Carrier axxd the E mployes invomad in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved ,rune 21, 1934;


That this Division of the Adjustment Board has jurisdiction over the dispute iinvolvad herein; and














Dated at Chieago, Illinois, this 2Sth day of April 1972.

 Keenan Printing Ca., Chicago, 11-,'. Prixited in U.S.A.

 19164