Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10370
SECOND DIVISION Docket No. 9284
2-BN-EW-185
The Second Division consisted of the regular members and in
additioh Referee Rodney E. Dennis when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. That in violation of the current Agreement, the Burlington Northern
Inc., arbitrarily denied, in part, the actual and necessary expenses
incurred by Crew Lineman David A. Oss while away from his assigned
headquarters.
2. That accordingly, the Burlington Northern Inc., be ordered to compensate
Crew Lineman David A. Oss in the amount of $613.50 which is the total
amount of expenses denied him by the Carrier for the months of January,
February and March, 1980.
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 employes within the meaning of the Railway Labor Act
as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant David A. Oss is a Lineman employed by Carrier and headquartered at:
Billings, Montana. During January, February, and March 1980, Claimant and others
of his crew headquartered at Billings were assigned to work in the area of Dickinson,
North Dakota. Claimant moved his family to the Dickinson area while he was assigned
there. Claimant was denied reimbursement for certain living expenses that he
submitted during this period on the basis that he was living at home and did not
actually incur the out-of-pocket expenses claimed. A claim was filed requesting
that Carrier reimburse the Claimant for $613.50, as representing the amount
deducted by Carrier from his expense account for the months of January, February,
and March 1980.
"RULE 6
(k) 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 headquarters, employees
will be paid actual necessary expenses."
Form 1 Award
No.
10370
Page 2 Locket
No.
9284
2-BN-EW-185
This Board has carefully reviewed all of the material and cases submitted
for consideration by both sides in this dispute and must conclude that the
information submitted by the Claimant does not meet the requirements of a
breakdown or analysis as to what his out-of-pocket expenses were or if the
expenses claimed were necessary.
This Board will, based on its findings in other awards addressing similar
subjects (Awards Nos. 5001 and 5002, among them) deny this claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
01
Attest: G/
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 17th day of April 1985.
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