Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10910
SECOND DIVISION Docket No. 10455
2-SOO-CM-186
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Soo Line Railroad
Dispute: Claim of Employes:
1. That under the current agreement, the Soo Line Railroad Company
violated Rules 10 and 98 Shops Craft Agreement, on dates of March 10, 16, 17,
18 and 19, 1982 when denying the Stevens Point wrecking crew members Carmen D.
Behnke, G. Maloski and E. Walkush, meal expense, when performing wrecking
service, at the derailment site at Auburndale and Milladore, Wisconsin.
2. That accordingly, the Soo Line Railroad Company be ordered to
reimburse the aforementioned wrecker crew members the meal expense of $4.50
each for each date of March 10, 16, 17, 18, and 19, 1982 when leaving home
headquarters, to perform wrecking service on line of road.
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.
On March 9, 1982 the Carrier's train derailed near Auburndale, Wisconsin. A "shoo-fly" track was built to facilitate transfer of potash from
damaged cars. After reporting for their regular assignments at the Carrier's
Stevens Point repair facility, the Claimants were assigned on March 10, 16,
17, 18 and 19, 1982 to perform work related to the derailment of the Carrier's
train near Auburndale. They moved cars to clear tracks, loaded trucks from
derailed cars and secured wrecked cars to flat cars. They returned to their
home terminal before the end of their shifts on the days in question. With
the filing of the instant claim, the Claimants seek reimbursement for the meal
(lunch) expense they incurred on March 10, 16, 17, 18 and 19, 1982.
Form 1 Award No. 10910
Page 2 Docket No. 10455
2-S00-CM-'86
Rule 10, Paragraph 4, in relevant part, provides: "Where meals and
lodging are not provided by the Railroad Company, actual necessary expenses
will be allowed". The dictionary definition of the word "necessary" is
"essential to any end or condition; indispensable". The Claimants worked
eight (8) hours at straight time pay with 30 minutes overtime paid for the
meal period and they returned to their home terminal at the end of each day.
Employees reporting for their regular assignment normally bring their lunch to
work and carry it with them to their regular assignments. There is nothing in
the record to indicate that the Claimants deviated from their customary
routine by not bringing their lunch on the March dates. Nor are there any
other circumstances presented in the record to warrant the conclusion that the
circumstances on the day that they were assigned to the Auburndale derailment
made meal expenses "necessary" in the sense that they were "essential" or
"indispensable."
Furthermore, Rule 10 is applicable to "emergency road work". The
work performed by the Claimants consisted of loading or tying down cars that
were involved in a derailment. They worked as Road Truck Carmen who were
reassigned outside their home terminal after first reporting to work on their
regular assignments. The Claimants did not incur "necessary" meal expenses on
the March dates; nor were they involved in emergency road work. Accordingly,
the Claimants are not entitled to be reimbursed for the meal expenses incurred
on the March dates under Rule 10, Paragraph 4.
The second query to be answered is whether the Claimants are entitled
to be reimbursed by the Carrier for meal expenses incurred under Rule 98,
Paragraph 7 which states:
"Meals and lodging will be provided by the Carrier
while crews are on duty in wrecking services."
To qualify for meal expense the Claimants are required to perform
wrecking service. It is the judgment of the Board that the Claimants did not
perform wrecking service. They loaded or tied down cars that had been involved in a derailment. The fact that they performed road work at an on-line
point does not make such work wrecking service. The work that the Claimants
performed was at a line-of-road wreck site during their regular assigned hours
after having reported to duty at their home station. Accordingly, the
Claimants were not entitled to be reimbursed for meal expenses under Rule 98,
Paragraph 2.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 9th day of July 1986.