Form l NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 731
SECOND DIVISION Docket No. 7232
2-SPIT&L)-EW-'77
The- Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 162, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Southern Pacific Transportation Company
( (Texas and Louisiana Lines)
Dispute: Claim of, Em2loyyes:
r
1. That the Southern Pacific Company (Texas anal Louisiana Lines),
refused to allow the necessary expenses of Equipment Installer
Philip F. Hanson for the calendar months of September and October,
1975·
2. That, accordingly, the Southern Pacific Company (Texas and Lou~si4n.a
Lines) be ordered to pay the expenses, September and October,
1975,
'totaling
$68.71
to Equipment Installer Philip F. Hanson, Claimant.
3.
That the monetary claim be farther adjusted to provide
ice.
Hanson
with an interest payment computed at the rate of ten percent per
annum.
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,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
In the performance of his duties on 10 days in September and
3 days in
October of
1975,
claimant worked away from his headquarters. On each
of
those days claimant expended money for meals for which he is entitled to
reimbursement under rule 10 of the agreement between the parties which in
.pertinent part reads as follows:
"...where meals and lodging are not furnished by the
railroad, or when the service requirements make the
purchase of meals and lodging necessary while away
from home station, employees will be paid necessary
expenses."
Form 1
Page 2
Award No.
7314
Docket No. 7232
-SP(T&L)-EW-'77
1"r01
The issue in the instant case is whether the amount claimed by petitioner
fox his meals on the aforementioned dates was so high as to remove it from
the definition of "necessary expenses."
There is no dispute between the parties that charges for lunches and
dinners on the dates set out on the vouchers axe appropriate, the only issue
is the amount. There is some implication by carrier that claimant did not
expend the amounts set out but this point is never adequately raised or dealt
with on the property.
The carrier has unilaterally reduced claimant's expense voucher for
September 10, 11, 15, 16, 17, 18 and 19 from
$x+6.78
to $2.38 and fox
September 22, 23, and 25 and October. 2, 7 and
9
from $33.70 to $7$.09. The
carrier added 5% for inflation and tendered claimant
$42.47
in full
satisfaction of his claim. This was refused by claimant.
The carrier is basing its interpretation as to what is "necessary" on
vouchers filed by other employees over the same period and by claimant
fox
previous periods.
The record substantiates the fact that on this property at the points
in
question, amounts substantially less than that which petitioner has claimed
have been regarded as sufficient to fulfill the carrier obligation. If, as
claimant alleges, the amount necessary to fulfill the carrier's obligation
under Rule 10 has been more than that claimed in the past he should have
supported that allegation with evidence of probative value. The dictionary
definition of necessary as "essential to an end or condition; indispensable"
is quite narrow. The past actions of the parties have given to that word
a doLlar.and cents value. Any attempt to alter that agreed on definition
requires that the party suggesting that change bear the burden of proof.
Claimant has not done so in this case.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTNtENT BOAR
By Order of Second Division
By
~~seinarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of July, 1977.