Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32054
Docket No. CL-31956
97-3-94-3-109
The Third Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake and Ohio
( Railway Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11014) that:
(a) The Carrier violated the terms of the General Agreement and
Memorandum thereto when on June 29 and July 6, 1992, it failed to
provide Clerk R. A. Kerner with twenty minutes for lunch, in accordance
with Rule 33; and,
(b) The Carrier shall now arrange to allow Clerk Kerner, ID 183098,
an additional twenty minutes at the punitive rate of $123.50 per day for the
above dates."
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 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 1 Award No. 32054
Page 2 Docket No. CL-31956
97-3-94-3-109
The Claimant is a Train Director at Queensgate Yard located in Cincinnati, Ohio.
This position is within the coverage
of
the applicable Agreement. Claimant is scheduled
on a "continuous" basis as provided in Rule 33, which reads as follows:
"RULE 33 - CONTINUOUS WORK WITHOUT MEAL PERIOD
For regular operations requiring continuous service, 8 consecutive
hours without meal period shall be assigned as constituting a day's work,
in which case not less than 20 minutes shall be allowed in which to eat
without deduction in pay, with due regard to the requirements of the
position."
"Requirements
of
the position" obviously gives the Carrier flexibility in
determining when the 20-minute meal period "shall be allowed." There is also no
dispute here before the Board that, despite an employee's request for a meal period, it
may be necessary on occasion not to grant such time during the eight-hour day.
According to the Organization's uncontradicted assertion, this is not an uncommon
occurrence on the position of Train Director at Queensgate Yard.
On the dates in question, the Claimant was denied the opportunity for a 20minute meal period. His cl
The Organization fully demonstrated that on this property the remedy sought is
considered entirely appropriate. The basis, of course, is that the employee works 20
minutes more than provided in the established schedule under Rule 33. It remains
within the Carrier's control to avoid such extra payment by providing for the
established meal period.
The Carrier offered the Board no reason to deny the payment, nor was any
contrary practice cited. Thus, the Board need set forth no further support for the
payment as requested.
AWARD
Claim sustained.
Form 1 Award No. 32054
Page 3 Docket No. CL-31956
97-3-94-3-109
ORDER
Thus 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 Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 10th day of June 1997.