The Carrier is violating the Northeast Corridor Agreement between Amtrak and TCU effective September 1, 1976, and as revised and amended particularly Rule 4-B-1 as well as others.
Starting with the date of January 30, 1992, the above named Claimants to receive $26.37 per day, which is one half hour pro rata rate of pay for not being given their meal period, plus $29.78, which is time and one half for still not being given the 20 minutes called for in Rule 4-B-1.
The total amount of this claim on day of writing is $7,911.00 and claim to continue untV such time as these Crew Caller receive their assigned meal period. Form I .ward No. 31873
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 193-1.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Washington D. C. Crew Dispatchers previously were in the service of the Washington Terminal Company. In September 1984 its jobs and personnel were assumed by Amtrak, and the employees became Amtrak employees. At the time they were on continuous duty for eight hours and took their 20 minute meal period during this time. Eight years after the positions and employees were assumed by Amtrak, the Organization filed the claim under review here, contending that Rule 4-B-1 was violated and that the Claimants were entitled to extra compensation because they were not allowed a meal period. The Carrier denied the claims on both procedural and substantive grounds.
Because the Board finds the claims to be totally without merit It is not necessary to visit the procedural arguments of either party.
With regard to the merits, the Board notes that Rule 4-B-1 (e) of the Agreement provides: