Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10372
SECOND DIVISION Locket No. 9286
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, Crew Lineman, D. J. Murphy and J. S. Spencer were
arbitrarily denied payment of actual, necessary meal expenses incurred
in the service of the Burlington Northern Inc., at Hannibal and Shelbina,
Missouri, both of which are cities seperate (sic), distinct and away
from Claimants assigned headquarters at Galesburg, Illinois.
2. That in further violation of the Agreement, specifically Rule 29 paragraph
(a), Carrier Officer Mr. Hutchinson failed to properly decline the
initial claim and therefore, Carrier stands procedurally defective in
the instant dispute.
3. That accordingly, the Burlington Northern Inc., be ordered to reimburse
Communication Crew Linemen D. J. Murphy and J. S. Spencer for all meal
expenses which were withheld while performing service for the Carrier
away from their assigned headquarters as follows: March 1980, J. S.
Spencer $66.10, D. J. Murphy $64.21. Total amount claimed $130.31.
Findings:
The Second Division o f 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 D. J. Murphy and J. S. Spencer are Linemen who, at the time of
this dispute, were headquartered at Galesburg, Illinois. They and their Crew
Foreman, L. A. Chaplin, were assigned to perform work away from their headquarters
but at times within commuting distance of their respective homes. Because of
this fact, Carrier subtracted certain meal expenses from Claimants' expense
vouchers. It did the same with the expenses requested by the Crew Foreman. Carrier
denied these expense requests on the basis that the expenses were incurred off
duty, while at home points. The Foreman involved here appealed Carrier's decision
to the Fourth Division of the NRAB. With Referee J. B. LaRocco, the Division
rendered a sustaining award (Award No. 3938). Since the facts of this case are
essentially identical to those submitted to the Fourth Division, this Division
sees no basis on which to decide differently. We will therefore sustain the
instant claim based on the
reasoning and
rationale presented in Fourth Division
Award No. 3938.
Form 1 Award No. 10372
Page 2 Locket No. 9286
2-BN-EW-185
A WAR D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: 49
Nancy J. Deter - Executive Secretary
Dated at Chicago, Illinois, this 17th day of April 1985.
Now