Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31906
Docket No. SG-31043
97-3-92-3-966
The Third Division consisted of the regular members and in addition Referee
Robert W. McAllister when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation Inc. (former Chesapeake &
( Ohio-Pere Marquette)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of Railroad
Signalmen (BRS) on the CSX Transportation Company (C&O-Pere
Marquette):
Claim that Carrier should be required to comply with Rule 506 of
the current Signalmen's Agreement, particularly as that Rule pertains to
proper listing of established meal period on job bulletins. Carrier's File
No. 15(92-10). General Chairman's File No. 91-30-PM. BRS File Case
No. 8918-C&O(PM)."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, rinds 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, 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.
Form l Award No. 31906
Page 2 Docket No. SG-31043
97-3-92-3-966
The Organization seeks to have the Carrier comply with Rule 506 of the
Agreement and designate an "Established Meal Period" by stating an exact time on
bulletins advertising positions. The Carrier disagrees, asserting it is not prohibited from
stating "per Rule 201" when indicating "Established Meal Period."
This is not a dispute of first impression. In 1975, the Carrier was faced with a
similar claim that alleged a job bulletin was not posted in accordance with the "Form
of Bulletin spelled out in Rule 506." Following a conference, the Carrier agreed it would
"on future job bulletins show opposite the item `Tour of Duty and Established Meal
Period' the exact time meal period . . . ."
In 1977, Third Division .ward 21516 involved the same parties and a similar
dispute. Therein, the Board stated:
"We do not believe. however, that a reference to `one half hour
lunch period' is a synonym for an 'Established Meal Period.' The
difference between these two concepts could be significant. As we see it a
'one half hour lunch period' could be a floating lunch break and that
appears to be inconsistent with the rule requirement. On this basis alone
we conclude the carrier violated the rules of the agreement with respect to
the required job bulletin form. The question of relief remains for
determination."
We also find that reference to Rule 201 is not an acceptable substitution for an
"Established Meal Period." Rule 201 provides that a meal period shall be "between the
end of the fourth (4th) and the beginning of the seventh (7th) hour after starting work .
...
" The idea this provision is synonymous with an established lunch period is meritless.
AWARD
Claim sustained.
Form I .Award No. 31906
Page 3 Docket No. SG-31043
97-3-92-3-966
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the .ward is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 4th day of March 1997.