"Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier failed and refused to properly compensate the employes assigned to System Gang 8564 for their time in connection with not being afforded their meal period between 7:00 A.M. and 10:00 A.M. on August 6 and 7, 2006 (Carrier's File 1462735).

(2) As a consequence of the violation referred to in Part (1) above, the Claimants, all employes assigned to Gang 8564 on August 6 and 7, 2006, shall now each be compensated for a total of six (6) hours at double their existing straight time rate of pay."

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 Claimants are all 47 members of Gang 8564 on August 6 and 7, 2006. The Organization asserts that the Carrier violated Rule 32 (a) and Rule 32 (e) (6) when it failed to provide a meal period between the end of the third hour and the beginning of the sixth hour after starting work. Gang 8564 was working a compressed half, 11.5 hour work days at the time, from 4:00 A.M. to 4:30 P.M. No overtime hours are associated with the work schedule of the Claimants on these two days.

The Organization concedes that the Carrier provided a meal period for all Gang members. It claims that the meal period was not afforded within the time limit specified in Rule 32. The meal period should have been provided between 7:00 A.M. and 10:00 A.M. on both days. The Gang took lunch at 1:30 P.M. on August 6 and at 12:30 P.M. on August 7, 2006.

The Carrier correctly notes that the factual circumstances of this case are governed by Rule 32 (a) and Rule 32 (b). Because the Gang was not working overtime on August 6 and 7, the provisions of Rule 32 (e) (6) are inapplicable to this factual setting. The pertinent provisions of Rule 32 are as follows:

"(a) Where a meal period is allowed it will be between the ending of the third hour and the beginning of the sixth hour after starting work. The regular meal period will not be less than thirty (30) minutes or more than one (1) hour.

(b) If the meal period is not afforded within the time limit specified in Section (a) and is worked, the meal period will be paid for at the pro rata rate and twenty (20) minutes with pay in which to eat will be afforded at the first opportunity.

The Board concurs with the Carrier's assertion that Rule 32 (e) (6) by its terms applies to overtime service, a factual setting not present in this case. Rule 32 (b) applies. The Carrier admits that the meal period for some members of the Gang was delayed beyond 10:00 A.M. It asserts that they were paid in accordance with Rule 32(b).

The Organization bears the burden of proof. (See Third Division Awards 31230 and 31930. It failed to submit sufficient evidence to establish whether the Carrier failed to pay the Claimants or some of the Claimants in conformance with Rule 32 (b). Accordingly, the instant claim must be denied.

AWARD