Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11410
SECOND DIVISION Docket No. 11363
88-2-87-2-1
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Burlington Northern Railroad Company
Dispute: Claim of Employee:
1. That, in violation of the Agreement, the Burlington Northern Railroad Company has arbitrarily required its Electrical Engineering and Communications Department employee to expend their personal funds for necessary living,
and other, expenses incurred while performing company service away from their
headquarters location.
2. In further violation of the Agreement, the Burlington Northern
Railroad Company did not timely reply to the grievance presented by the Local
Chairman and subsequently, then refused to allow the grievance as presented asp
is required by the governing Rule.
3. In further violation of the Agreement, Burlington Northern's
highest designated officer did not timely respond to the appeal presented by
the General Chairman and again the Burlington Northern refused to settle the
grievance as required by the governing Rule.
4. The accordingly, the Burlington Northern Railroad Company should
be instructed to cease its practice of requiring its employee to utilize their
personal funds in its service and to establish a policy and procedures whereby
such employees are entitled to an expense draw (advance) as they prepare to
leave their headquarters location to perform company service elsewhere on
their assigned territory. All as set forth in the grievance presented by the
Local Chairman and the appeal of the General Chairman.
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 employee involved in this
dispute are respectively carrier and employee 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.
Form 1
Page 2
Award No. 11410
Docket No. 11363
88-2-87-2-1
The instant Claim was filed by letter of August 10, 1985. It alleged .s1`
a violation of Rule 6(k) in that employees were specifically to be "paid" and
not reimbursed when assigned to away from headquartered work. That Rule 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 headquarters, employees will be paid actual
necessary expenses."
The Organization maintained that a violation occurred as employees
used their own money and had to wait reimbursement by Carrier. The Carrier
failed to timely respond and the Claim was subsequently argued to be allowed
as per the Agreement.
The Carrier argues on property that what is attempted herein is a
Rules change by Claim rather than negotiation. It notes _ex parts that the
Board lacks authority to provide relief where no specific Claimants are named,
nor monetary loss requested.
This Board has carefully reviewed prior Awards and the entire record
as handled on property. Rule 6(k) has no language which requires the Carrier
to set up a fund for employees to draw from when assigned to work away from
headquarters. The Rule does not require what the Organization requests.
The language requires Carrier to pay employees for their "actual
necessary expenses." This Board has previously held that such language protects the employee from monetary loss and the Carrier from unreasonable and
unwarranted expense Claims, and that such expenses have to be known and to
have actually occurred before payment is required (Third Division Award
10923). This Board holds with the reasoning of that Award. Based upon the
entire record and the precedent of other Awards on this same property, we must
deny the Claim (Fourth Division Award 3939; Second Division Awards 10370,
10371).
A W A R D
Claim denied.
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 6th day of January 1988.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division