NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12641
Docket No. 12369
93-2-91-2-162
The Second Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood Railway Carmen/Division TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former
(Chesapeake & Ohio Railway Company)
STATEMENT OF CLAIM:
"1. That the Chesapeake & Ohio Railroad Company (CSX
Transportation, Inc.) (hereinafter 'carrier') violated the provisions of Rule 12 of the Shop Crafts
Agreement between
Transportation Communications
International
Union -- Carmen's
Division and the
Chesapeake & Ohio Railroad Company (CSX Transportation, Inc.) (revised June 1, 1969) and the
service rights of Carmen J. Roark, F. Lavenia and
D. Grissom (hereinafter 'claimants') when the
carrier did not allow the claimants compensation
for actual expenses incurred for their meals when
the claimants were sent to outlying point in
violation of Rule 12 of the Shop Crafts Agreement.
2. Accordingly, the claimants are entitled to be
compensated $6.58 each for the actual expenses
incurred for their meals as provided for under the
provisions of Rule 12 of the Shop Crafts Agreement."
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 employe 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 Award No. 12641
Page 2 Docket No. 12369
93-2-91-2-162
Claimants are employed at Richmond, Virginia. On December 10,
1988, they were sent to Strathmore, Virginia, to replace a broken
wheel on coal hopper IN 197672. The Organization submitted a claim
in behalf of the Claimants for a $6.58 meal allowance. As the
basis for its claim, the Organization relied on Rules 10 and 12 of
the Agreement.
The identical issues were presented by these parties to this
Board in Second Division Award 12636. In denying that claim, we
ruled that the Organization failed to meet its evidentiary burden
of proving a contractual violation. We adopt that same reasoning
and logic in the instant case, and, accordingly, rule to deny the
claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Catherine Loughrin - Interim secretary to the Board
Dated at Chicago, Illinois, this 12th day of January 1994.