NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number SG-21132
Frederick R. Blackwell, Referee
(Brotherhood of Railroad Signal men
PARTIES TO DISRITE
(The Long Island Rail Road Company
STATEM19T OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Long Island Rail Road:
On behalf of T8dr Maintainer J. P. Hackea for meal expense of
$2.90 for October 9, 1973. fCaee SG-5-79
OP13ION OF HOARD: This is a claim for meal allowance under Article 19 (c)
of the parties' Agreement, which the organization
asserts should be allowed under the time limit provisions as well as on
the merits.
The time limit contention is that the Organization did not
receive in timely fashion a March
14, 1974
denial letter from the Carrier's
Chief Engineer. The record reflects that a copy of the subject letter was
sent to the Carrier's Superintendent-Personnel Management, and that such
copy carries an endorsement of receipt by the Superintendent on March 15,
1974.
This is sufficient evidence to find that the Carrier made a timely
mailing of the letter. Consequently, the Carrier's obligation under the
time limits Rule was satisfied and the claim cannot be sustained under
that Rule. Award No. 21179.
The merits of the case concern the provision in Article 19 (c)
which provides that:
"Employee sha11 not be required to work more
than 10 hours without a second meal period..."
On the claim date the Claimant worked from 5:30 A.M. until
4:00 P.M., and without contradiction the Carrier states that this on duty
time included a thirty (30) minute paid meal period.
The foregoing and the entire record makes it clear that the
Claimant worked ten (l0) hours on the claim date and that thirty (30)
minutes of the on duty time represents a non-working lunch period. Ten
hours cannot be found to be "more than 10 hours" as explicitly stated in
the foregoing Article and consequently, the facts do not come within the
purview of the Article. The claim must therefore be denied.
Award Number 21448
Docket Number SG-21132
Page 2
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole
record and all the evidence, finds and holds:
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 Hoard has jurisdiction
over the dispute involved herein; and
The Agreement was not violated.
A
WT
A R D
Claim denied.
ATTEST:
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lpaww/~
Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
$· Order of Third Division
Dated at Chicago, Illinois this 18th day of March 1977.
