"Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it assigned the position

of camp cook on the SM-201 and TO-201 Gangs different starting

times than that assigned to the rest of the SM-201 and TO-201

Gang forces (System Dockets MW-3895 and MW-3896).

(2) As a consequence of the violation referred to in Part (1) above, Mr.

L. A. Harlan shall `. . . be compensated for all overtime earned by

the SM-201 Gang since April 17, 1995, and continuing, so as to be

made whole' and Mr. S. F. Miller shall `. . . be compensated for all

overtime earned by the TO-201 Gang since April 17, 1995, and

continuing, so as to be made whole."'

Parties to said dispute were given due notice of hearing thereon.

In 1991, Special Board of Adjustment No. 1016, Award 46 held in accord with a claim filed by the Organization that a Camp Car Cook had to be paid overtime for the pre and post-shift preparation of meals because the appropriate Rule provided that overtime had to be paid for work before and after a scheduled tour.

In 1992, the parties amended Rule 12 which provides, in relevant part at 12(e) that "[t]he starting times for production units shall be between 4:00 A.M. and 11:00 A.M... . ." Rule 12(e) further provides that "[pjroduction units include all supporting BMWE employees who are advertised to work with, or as part of, a production unit."

This dispute arose after the Carrier advertised two Cook positions with staggered work schedules effective April 17, 1995 (4:30 A.M. to 3:00 P.M. and 10:00 A.M. to 8:30 P.M.). The Gangs worked hours different from the Cooks, but within the window specified in Rule 12(e). The effect of the Carrier's bulletining the Cook positions with those hours permitted the Carrier to be able to have a Cook available to prepare the morning meal and stay late to clean up after the evening meal.

Nothing in the relevant Rule prevents the Carrier from establishing staggered starting times for the Cooks to meet a gang's needs or at times different from the gang's hours. With respect to Rule 12, the only requirement is that the Cook's hours must fall within the window specified in Rule 12(e). The bulletined hours for the Cooks fall within that window. Nor do we find support for the Organization's position in Rule 24. While Rule 24 addresses overtime, that Rule similarly does not preclude the Carrier from establishing a Cook's hours different from the gang's hours.

The claim will be denied for lack of Rule support.

AWARD