The Second Division consisted of the regular members and in
addition Referee Carl R. Schedler when the award was rendered.
SYSTEM FEDERATION NO 156, RAILWAY EMPLOYES'
DEPARTMENT A. F. of L. (Electrical Workers)
EMPLOYES' STATEMENT OF FACTS: Electrician T. Pracht (hereinafter referred to as the claimant) requested and was granted trip passes for: he and his wife from New York to Florida.
He left on the trip (his vacation) January 15, 1955. The passes issued December 1, 1954.
When he presented his passes from Richmond, Va., to Jacksonville, Fla., on the Atlantic Coast Line they refused to accept them as transportation and he was compelled to pay fare for himself and wife, amounting to $118.00.
In a letter dated April 29, 1955 from the Atlantic Coast Line to Mr. Weiss, passenger traffic manager, Long Island Rail Road, was stated:
The dispute was handled -%vith carrier officials designated to handle such affairs.
The agreement effective July 1, 1949, as subsequently amended, is controlling.
On May 9, 1955, the manager of personnel denied the aforesaid claim A true copy of the manager of personnel's letter of May 9, 1955 is submitted herewith and identified as carrier's Exhibit D.
POSITION OF CARRIER: At the outset the carrier desires to point out that your Honorable Board has no jurisdiction in the aforesaid dispute for the reason that it is not a grievance falling within the scope of Section 3 (i) of the Railway Labor Act, as amended, in that said alleged grievance is not a violation, misinterpretation or misapplication of the agreement between this carrier and the International Brotherhood of Electrical Workers. Under said Section 3 (i), the National Railroad Adjustment Board has jurisdiction only in disputes arising out of a violation, misinterpretation or misapplication of an agreement between a carrier and its employes concerning rates of pay, rules or working conditions.
The granting of free passes to employes is not a working condition nor a matter collectively bargained for but is inherently a prerogative reserved to management. Thus, the instant dispute is not properly before your Honorable Board. See Award 15130 (Douglass), First Division, National Railroad Adjustment Board.
Further, we wish to respectfully call to the attention of your Honorable Board that the rules and working conditions agreement in effect on The Long Island Rail Road contains no rule relative to pass privileges and, accordingly, there is no contractual obligation on the part of the carrier to refund any monies paid out by an employe for rail transportation.
The various Divisions of the National Railroad Adjustment Board have previously held that it is not their function to interfere with the administration of privileges which are based solely on the liberality of the carrier. See Award 4193 (Carter), Third Division, National Railroad Adjustment Board.
The carrier also desires to bring to the attention of your Honorable Board that the action of the Atlantic Coast Line Railroad in refusing to honor the free transportation presented by Mr. Pracht was a matter beyond the control of this carrier and, therefore, this carrier in no way assumes any responsibility for such action.
In addition, neither the claimant nor the organization has produced a receipt from the Atlantic Coast Line Railroad showing that transportation was purchased by the claimant as alleged.
1. Your Honorable Board is without jurisdiction in this dispute since the subject matter thereof is outside the scope of the Railway Labor Act, as amended.
2. The granting of free passes to employes is a matter subject to the liberality of management and is not a working condition nor a matter collectively bargained for.
3. The refusal of the Atlantic Coast Line Railroad to accept claimant's free transportation is not the responsibility of this carrier.
FINDINGS: The. Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934. 2547-4 935
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
The claimant, an electrician in the employ of the carrier, requested and was granted free trip passes for he and his wife from New York to Florida. The passes were issued December 1, 1954 and he left on the trip, his vacation, on January 15, 1955. He states that the Atlantic Coast Line conductor would not honor the passes from Richmond, Virginia to Jacksonville, Florida and that he had to pay fare for himself and wife in the total amount of $118.00. At the time the passes were presented for use the Atlantic Coast Line and Long Island Rail Road were not interchanging free use of passes. Subsequently, the Long Island Rail Road requested refund on behalf of the claimant but the Atlantic Coast Line declined. The organization requests this Board to order the carrier to reimburse the claimant for $118.00.
The record discloses that the granting of free passes by the carrier is a gratuity and not a condition of employment. It is not mentioned in the Agreement between the parties, and it is a matter not collectively bargained for. The issuing Carrier is not responsible for the policies of a foreign line, and the recipient of a pass accepts assuming the risk that the foreign line may not honor that part of the gratuity. This Board is without authority to order generosity or gratuities.