Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13066
Docket No. 12852
96-2-93-2-225
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(International Brotherhood of
( Electrical Workers
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"The following claim and grievance submitted to
Communication Supervisor K. Mattern of the Consolidated
Rail Corporation on behalf of Radio Maintainer R. E.
Conrad, Altoona, PA Radio Shop, by IBEW Local Chairman
M.A. Giansante, Jr., by letter dated June 29, 1992.
'THIS UNION CHARGES MANAGEMENT WITH VIOLATING THE
CONTROLLING AGREEMENT SPECIFICALLY; 8-C-1(a) and (b)
When on May 1, 1992 the carrier moved the regular
monthly meeting with Labor Relations from Altoona to
Harrisburg. This monthly meeting was held in Altoona for
the Harrisburg Division people since 1969 under the IBEW.
Prior to 1969, it was held in Altoona under the TWU. The
Carrier arbitrarily changed the location of the regular
monthly meeting which necessitated the claimant to drive
to Harrisburg from Altoona. On 6/2/92, the claimant
filed an expense form to be compensated for the mileage
on his privately owned vehicle. The carrier denied this
expenses form and refused to pay mileage to the claimant
for using his private automobile.
Therefore this union is asking the carrier to
reimburse the claimant a total of $68.60 for the 245
miles driven between Altoona and Harrisburg.
This claim is subject to Rule 4-P-1.'"
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
Form
1
Award No. 13066
Page 2 Docket No. 12852
96-2-93-2-225
The carrier or carriers and the employee or employees 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 were given due notice of hearing
thereon.
Article 8-H-1.(c) provides in pertinent part as follows:
"Local union representatives shall not be required
to lose time from their regular assignment when
representing employees covered by this Agreement ... for
attending .. scheduled monthly meetings with the
Manager-Labor Relations."
On May
1,
1992, the Carrier moved the Harrisburg Division
regular monthly meeting with Labor Relations from Altoona to
Harrisburg. This applied to various organizations, not only the
Organization involved herein. The Carrier noted, without
contradiction, that this type of venue change had occurred many
times in the past, based on changes in the Carrier's management
arrangements.
The Claimant is a local union representative who requests
mileage allowance for driving his personal vehicle from Altoona to
Harrisburg and return. There is no contention that the Claimant
was "required to lose time,, from his regular assignment. The
Organization supports the Claim for mileage allowance by reliance
on Rules 8-C-1.(a) and (b), which read as follows:
"(a) Employees shall not be required to furnish
their privately owned automobiles for Company use.
(b) Employees requested to and using their private
automobiles for Company business shall be allowed mileage
made for the use thereof in accordance with the mileage
rate established by the Company"
The Claimant did not use his automobile for "Company business"
but rather as an Organization representative. The Rule provides no
allowance for expenses as claimed herein. There is no contractual
basis for the Claim; there is no contractual requirement to mandate
Organization consent to a rational change in monthly meeting
location; and no established and accepted practice was cited to
suggest that such expense allowance has been provided in the past.
Form
1
Award No. 13066
Page 3 Docket No. 12852
96-2-93-2-225
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIONAL RAILROAD ADJUSTMENT 30ARD
By Order of Second Division
Dated at Chicago, Illinois, this 9th day of December 1996.