Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10371
SECOND DIVISION Docket No. 9285
2-BN-EW-185
The Second Division consisted of the regular members and in
addition 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 and contrary to many years
of past practice, Electrician Wiremen R. J. Schreiner, R. P. Olson and
W. A. East, headquartered at Dilworth, Minnesota were arbitrarily
denied payment of actual necessary meal expenses incurred in the
service of the Burlington Northern Inc., at Fargo, North Dakota and
Moorhead, Minnesota, both of which are cities seperate (sic) and
distinct and away from Claimants assigned headquarters, which is
Dilworth, Minnesota.
2. That accordingly, the Burlington Northern Inc., be ordered to reimburse
Electricians Schreiner, 01 son and East, for all meal expenses which
were withheld while performing service for the Carrier away from their
assigned bulletined headquarters, during the months of April, May and
June, 1980. Total amount of claim is for R. J. Schreiner $61.55, for
R. P. 01 son $68.05 and for W. A. East $67.95.
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.
Claimants R. J. Schreiner, R. R. Olson, and W. A. East are Electrician Wiremen
headquartered at Dilworth, Minnesota. On certain dates, they and their Foreman,
F. S. Stricker, were assigned to work in Fargo. On those days that the crew
worked there, Carrier would not allow their expenses for lunch. Carrier argued
that Fargo is part of Dilworth Terminal and that Claimants were therefore not
authorized lunch expenses.
The Foreman processed his claim to the Fourth Division of the NRAB. The
Foreman's case has been heard and decided. In Fourth Division Award 3939, Referee
LaRocco denied the claim. Since that claim was based on exactly the same facts
and Agreement language on which the instant claim is based, we shall also deny
this claim.
Form 1 Award No. 10371
Page 2 Locket No. 9285
2-BN-EW-185 VW
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ,
Nancy Y.,00ever - Executive Secretary
Dated at Chicago, Illinois, this 1 7th day of April 1985.