Form I
NATION
1l.
IZ.kILROAD ADJUSTMENT BOARD
'ril[RD DIVISION
.ward No. 31874
Docket No. CL-32011
97-3-94-3-385
The Third Division consisted of the regular members and in addition Referee
John C. Fletcher "hen award was rendered.
PARTIES TO DISPUTE:
STATE,NtENT OF CLAIM:
(Transportation Communications International Union
(National Railroad Passenger Corporation (A.MTRAK)
"Claim of the System Committee of the Organization (GL-11072) that:
I. The follo"ing claim is presented to the Carrier in behalf of:
D. P. Gudeman
11. B. Campbell
D. L. Nloffett
T. E. Geeson
T. K. Chase
L. Linderman
Train Director
Train Director/Asst. Train Director
Train Director
Train Director
Train Director/Asst. Train Director
Train Director/Asst. Train Director
whose rate of pay is 514.85 per hour.
By my letter to you under date of January 22, 1992, Certified Mail
P-654-293-199, received by you on January 24, 1992, per signed
green return card, I advised you of the closing of Bay Tower and as
of December 1991, the train directors and Asst. Train Directors
now come under the Northeast Corridor Clerical Agreement and
that Rule 4-B-1 was in effect and they were to receive s meal period
and asking you to reply to this letter informing me as to such
assigned meal period.
Form I
Page 2
.ward No. 31874
Do.ket No. CL-32011
97-3-94-3-385
Needless to :ay. as of the date of this claim, you still have not replied
to my letter.
The Carrier is in violation of the Northeast Corridor Clerical
Agreement effective September 1, 1976, and as revised and
amended particularly Rule 4-B-1 as well as others.
Starting with the effective date of the Northeast Corridor Clerical
Agreement coming into force, as per the CETC Agreement Article
5-A, and to continue until such time as everyone involved in this
claim received their assigned meal period.
D. P. Gudeman - D. L. Moffett - T. E. Geeson now to receive $14.84
per day for compensation for their meal period,'/, hour at the pro
rata rate and 20 minutes at time and one-half for still violating Rule
4-B-1.
Also fit. B. Campbell - T. K. Chase - L. Linderman to receive same
amount on days they worked as Train Directors.
This claim is presented to the Carrier in accordance with Rule 7 B-1.
Claim of the System Committee of the TCU (NEC-1119) that:
11. The following claim is presented to the Carrier in behalf of:
R. E. Hatman
R. H. Hafer
G. S. Walters
C. R. Harris
A. C. Roseberry
Z B. Pingley
J. J. Luby
W. Hohenner
Form 1 Award No. 31874
Page 3 Docket No. CL-32011
97-3-94-3-385
All of %sho
::re Asst. Frain Directors with a rate of pay $13.94 per
hour and
11. B. Campbell
T. K. Chase
L. Linderman who are Train Directors/Asst. Train Directors.
By my letter to %ou under date of January 22, 1992, Certified Mail
P-654-203-499, received by you on January 24, 1992, per signed
green return card. 1 advised you of the closing of Bay Tower and as
of December, 1991, the Train Directors and Asst. Train Directors
now come under the Northeast Corridor Clerical Agreement and
that Rule 4-B-1 was in effect and they were to receive a meal period
and asking you to reply to this letter informing me as to such
assigned meal period.
Needless to say, as
of
the date of this claim, you still have not replied
to my letter.
The Carrier is in violation of the Northeast Corridor Clerical
Agreement effective September 1, 1976 and as revised and amended
particularly Rule 4-B-1 as well as others.
Starting with the effective date of the Northeast Corridor Clerical
Agreement coming into force, as per CETC Agreement Article 5-A,
and to continue until such time as everyone involved in this claim
receives their assigned meal period.
The above named eight Assistant Train Directors now to receive
$11.61 per day for compensation for their meal period,'/, hour at
the pro rata rate and 20 minutes at time and one-half for still being
in violation of Rule 4-B-1.
Also M. B. Campbell - T. K. Chase - L. Linderman to receive the
same amount on days they worked as Assistant Train Directors.
Form 1 Award No. 31874
Page 4 Docket No. CL-32011
97-3-94-3-385
This claim is presented to the Carrier in accordance with Rule
7-B-1."
FINDINGS:
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 hithin the meaning of the Railway Labor Act, as
approved June 21, 1934.
This Division
of
the :Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The claim seeks additional compensation for certain Train Directors and
Assistant Train Directors, contending that Rule 4-B-1 of the Agreement is not being
properly administered. The Carrier defended against the claim on both procedural and
substantive grounds.
Because the Board finds the claims
of
the Organization to be totally unsupported
by any Rule of the Agreement it is not necessary to address the procedural arguments
of either party.
With regard to the merits, the Board notes that Rule 4-B-1 (e) of the Agreement
provides:
"Where Corporation's operation requires continuous service, eight
(8) consecutive hours without meal period may be assigned as constituting
a day's work in which not to exceed twenty (20) minutes shall be allowed
in which they eat without deduction in pay."
Claimants' jobs have been properly established as continuous service eight hour
jobs with up to a 20 minute paid meal period. The Organization has not submitted
Form 1 Award No. 31874
Page 5 Docket No. CL-32011
97-3-94-3-385
evidence
of
a single instance in Ahich any
of
the Claimants were not allowed time in
which to eat on a single day. The claim is without merit.
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 4th day
of
March 1997.