(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (The Baltimore and Ohio Railroad Company

1. Carrier violated the Agreement between the parties at Cumbo Tower, West Virginia when it refused to allow Mr. W. L. French 20 minutes' pay at overtime rate, each date, June 5, 6, 7, 8, 9, 10, 12, 14, 15, 16, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30; July 1, 3, 4, 5, 6, 7, 24, 25, 26, 27, 28 and 31, 1973.

 2. Carrier shall compensate Claimant French 20 minutes' pay at the overtime rate of the 1st trick operator position at Cumbo Tower for each above-listed date as claimed.

 OPINION OF BOARD: The claim in the instant matter alleges that the Carrier
 violated the Agreement when it refused to allow claimant
 twenty (20) minutes' pay at an overtime rate in compensation for his lunch
 break which the claimant was unable to take on 32 occasions during June and
 July of 1973.

 The provision, subsequent to June 4, 1973, in the Telegrapher Employes' Agreement with the Carrier provided for a 20 minute meal period within the eight hour tour without reduction in pay as well as the requirement to pay 20 minutes punitive "if conditions prevent" said lunch break. The guideline the employe shoul with train operations". The intent of the Agreement is that the employe should make the determination as to when and if he should take the 20 minute meal break.

 Beginning with June 5, 1973, claimant alleges that he did not have sufficient time to eat, and no one told him when to eat. The Organization contends that the Carrier could well have assigned meal periods, but if such a determination is given to the employe to make for himself, then the Carrier must adhere to and support that determination.

 An examination of the train sheets substantiated the fact that the employe had periods of 20 minutes during the day in which to take the 20 minute lunch break. Also like employes and employes who did the same job when the claimant was on leave did not encounter a similar problem as the claimant.


The rule of reason must prevail. The train sheets, as well as the experience of other employes, clearly determine that the claimant could have taken a 20 minute lunch break.

 The claimant herein has not reasonably exercised his right of determination as provided in the Agreement.

        FINDINGS; The Third Division of the Adjustment Board, 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 Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                      A W A R D


        The claim is denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 17th day of June 1977.