Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32148
Docket No. CL-32911
97-3-96-3-262
The Third Division consisted of the regular members and in addition Referee
George Edward Larney when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11216) that:
(Corrected Time Claim)
The following claim is presented to the company in behalf of all
Customer Service employes working any shift starting September 17, 1994,
and continuing until this claim is resolved. This will include all persons
working on the date of the beginning of this claim as ticket clerks,
baggagemen, ushers, information clerks, red caps and any other position
affected by the violations cited below. This claim will also include any
employe acquiring any of the above-named positions after the first claim
date of September 17, 1994.
The amount of money to be distributed to the particular claimants
will be agreed to by the appropriate company officer and the Division
Chairman at the time of settlement of this case. These positions are all
located at Union Station, Washington, DC.
(a) The Carrier violated Amtrak Northeast Corridor
Rules Agreement effective September 1, 1976, as amended
and revised, particularly Rule 4-B-1, Meal Period, Rule 9-A1 - Exception to the Rule 11-A-1 - Effect
Changes, Letter of Agreement of November 9, 1974 between
C. W. Shaw, Jr., Manager Terminal Company and F. J.
Kroll, General Chairman-BRAC, and the Washington
Form 1 Award No. 32148
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Terminal Company/Amtrak takeover Agreement signed July
11, 1984, which states in part, 'Employes occupying positions
with the Washington Terminal Company as of July 31, 1984
will be transferred in place with similar tours of duty and
rest days' which constitutes a signed agreement between the
union and the company calling for an eight hour day with a
20 minute lunch included.
Therefore, to change this 20 minute paid lunch to a 30
minute or 1 hour unpaid lunch also requires an agreement
with the Division Chairman of this organization.
This claim is to take effect beginning 12:01 a.m., September
17, 1994 in the Customer Service Department and is to
continue each and every day until these positions are put
back to an 8 hour shift with a 20 minute paid meal period, or
an agreement is reached with the Division Chairman of this
organization.
(b) All claimants now be allowed 30 minutes at the time
and one-half of their applicable rate of pay for each and
every shift worked starting with September 17, 1994 until
this claim is resolved.
(c) Claim has been presented in accordance with Rule 7
B-1 and should be allowed."
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.
Form 1 Award No. 32148
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97-3-96-3-262
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
We note at the outset that the initial claim was filed by the Organization on
November 10, 1994 and that the corrected claim as stated hereinabove in the Statement
of
Claim was filed November 15, 1994. The Board finds it was not necessary to the
resolution
of
this dispute to also incorporate the initial Statement
of
Claim.
The record evidence reveals that prior to Amtrak assuming the operation
of
the
Washington Terminal functions by a takeover agreement dated July 11, 1984, certain
departments under the clerical agreement between the predecessor Company and then
BRAC, permitted its employees to work an eight hour day with a built-in paid 20 minute
meal period. Between the dates
of
July 11, 1984 and September 17, 1994 identified by
the Organization as the first claim date, AMTRAK concedes it continued permitting
Customer Service employees to continue working an eight hour day with a built-in paid
20 minute meal period. However, in and around September 17, 1994, AMTRAK
changed the meal periods
of
the subject Customer Service employees to either 30
minutes or one hour unpaid periods in accordance with Rule 4-B-1(a)
of
the
AMTRAK/TCU Northeast Corridor Clerical Agreement.
The Organization maintains the language in the 1984 Takeover Agreement
requires a continuation
of
the eight hour day with a built-in paid 20 minute meal period
which, in fact, it continued as a practice for over ten years, whereas, the Carrier argues
that, since there is no language in any
of
the Rules or Agreements cited which would
change the clear provisions
of
Rule 4-13-1, it has the managerial prerogative under Rule
4-B-1 to adjust its forces and assignments to fit operational needs.
In pertinent part, Rule 4-B-1- Meal Period, reads as follows:
"(a) Unless agreed to by the Division Chairman and the designated
official
of
the Corporation, the meal period shall not be less than
thirty (30) minutes nor more than one (1) hour.
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No.
32148
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No.
CL-32911
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(e) 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 to eat without deduction in pay."
The Organization avers that under Rule 4-B-1 meal periods of both types, that
is, the paid 20 minute built-in meal period and the 30 or 60 minute unpaid meal period
are both permissible, but asserts that pursuant to paragraph (a) as cited hereinabove,
a change from one to the other requires agreement of the Organization's Division
Chairman, which here the Carrier failed to seek or secure. Carrier concurs in part that
paragraph (e) of Rule 4-B-1 as cited hereinabove, permits a built-in paid 20 minute meal
period but it does so at its discretion and only at locations and/or departments which
require 14 hour continuous service. Carrier argues that the positions referenced in the
subject claim are zM 24 hour or around-the-clock positions. In referencing the language
of paragraph (a) of Rule 4-B-1, regarding an agreement between the Division Chairman
and a designated official of the Corporation, Carrier maintains that notwithstanding the
Organization's insistence such an agreement exists providing for an alternate built-in
20 minute meal period which agreement, Carrier notes, the Organization never
produced, Carrier argues there is no agreement it knows of which would alter or amend
the clear meaning and intent of paragraph (a).
In consideration of the record evidence in its entirety, the Board is persuaded that
the positions referenced in the corrected claim are not part of a continuous 24-hour
operation and, therefore, said positions are not subject to the language of paragraph (e)
of Rule 4-B-1 which provides for a built-in paid meal period of 20 minutes. Additionally,
absent any proof there exists an agreement that alters or amends the provisions set forth
in paragraph (a) of Rule 4-B-1, that is, an agreement that permits a built-in paid 20
minute meal period as an exception to the 24-hour continuous operation provisions set
forth in paragraph (e), the Board is impelled to find that no such agreement exists and
therefore finds, in turn, that the language of paragraph (a) permits Carrier, without
seeking or securing the agreement of the Division Chairman, to switch from a built-in
paid 20 minute meal period to a 30 minute or 60 minute unpaid meal period.
Based on the foregoing findings, the Board rules to deny the subject claim in its
entirety.
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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 13th day of August 1997.