Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11482
SECOND DIVISION Docket No. 10475
88-2-83-2-341
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That in violation of the current Agreement, the Chicago Region
Communication Crew was unjustly harassed and discriminated against when the
Carrier arbitrarily singled them out by requiring they produce meal expense
receipts when no lodging expense is incurred.
2. That accordingly, the Burlington Northern Railroad be ordered to
restore equal employment standards, requirements and treatment under the
controlling rules to all its employees and that the discriminatory instructions outlined in Supervisor Giblin's letter of September 8, 1982 attached asEmployes' Exhibit "A" be immediately rescinded.
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 employees 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 September 8, 1982, the Carrier's Communications and Signals
Engineer issued the following notice to all Communications crew personnel:
"Effective immediately, all breakfast and dinner
meals reported on monthly expenses must be accompanied by receipts when no lodging expense is
incurred.
Any meals not properly documented will not be
reimbursed."
Form 1 Award No. 11482
Page 2 Docket No. 10475
88-2-83-2-341
The Organization argues the above notice is an act of discrimination
against these employees because no other Communications employees received
such instructions. According to the Organization, since all Communications
workers are governed by the same Rules of Agreement, administration of those
rules must be consistent on a system-wide basis. The Organization further
argues that Rule 6(k) does not require meal receipts and that the Carrier has
always accepted an employee's signature on the monthly expense sheet.
The Carrier views the dispute as one wherein the Organization has not
met its burden of proof to establish the Carrier is restricted by Agreement
language from requiring its employees to furnish actual meal expense receipts.
The disputed Rule, 6(k), 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."
This Board has historically held that it will not look beyond clear
and unambiguous language in disputes over the meaning of language. The
purpose of looking towards the practices of the parties is to gain insight as
to the parties' intentions when language is ambiguous. The failure of either
party to a labor agreement to use or apply clear and unambiguous language does
not alter the parties' specific intent.
Herein, the phrase "actual necessary expenses" could not be mare
succinct. As stated in Third Division Award 26357, "The Board reads necessary
expenses to mean expenses for food and lodging which were required
...."
There
is no dispute in this case over the necessity of an employee to purchase meals
when away from headquarters. Rather, the issue is over the method of establishing "actual" meal expenses. Obviously, an employee's signature to a
monthly expense sheet falls short of showing what was the actual meal expense
incurred by the employee. If the Carrier chooses to exercise its managerial
prerogative and require the employee furnish receipts, it is the exercise of a
right clearly consistent with Rule 6(k).
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J.
P~
Executive Secretary
Dated at Chicago, Illinois, this 15th day of June 1988.