NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
THE CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY COMPANY THE CHICAGO, ROCK ISLAND AND GULF RAILWAY COMPANY
1936, and the employes base their contention on the application of Rule 34 (c). POSITION OF E\CPLOYES.-The employes submit that:
"\\'e maintain that the claim of these two employes, for reimbursement for expenses incurred when working away from their home station, and not being provided with outfit,, is just and reasonable and should be allowed."
"'The operators of roadway machines fit the inaintenanee of way department while working with and assigned to track gangs (extra or construction) are not paid nor are they entitled to, expenses. They are not away froon their assigned territory. Such machine operators assigned to gangs are entitled to no more privileges than are the other employes of the gang such as extra gang laborers, assistant extra gang foremen, and extra gang foremen.
"'the rate of pay of machine operators was established on the basis of value of their services and the rules do not provide that fit addition to such salary they will receive room and board.
".Joint Frederickson and Frank Davis were assigned to operate adzing machines, power jack, bolt machine, and rail machines in steel gang assigned to the Illinois Division. This gang consisted, fit addition to these machine operators, of extra gang laborers and foremen. In the month of April 1936, John Frederickson worked as a machine operator with the gang while stationed fit Geneseo from the 20th to 22nd, inclusive, moved to Morris with the steel gang, worked there from April '7tH to May 7th,
. inclusive, excluding Sunday, worked at Morris May 19, 16, and 18th to"Frank Davis worked the first nine days of April at Seneca with the steel gang, from the loll to 17th at Depue, from the 18th to 2:7rd at Geneseo, and from the 24th of April to the 30th day of May, inclusive, at Morris. The services of tooth of these men were as machine operators and they were assigned to the steel gang.
"The Maintenance of Wily organization in submitting this claim to the carrier, and we preanne they will so state to your Board, indicated they rely on Article 34 (c) of the maintenance of way schedule in support of their contention that machine operators should be paid expenses. Rule 34 (c) is quoted !if tile joint statement of facts. The wording of this rule quite clearly indicates its application was intended to apply only in tin emergency when employes are required to leave their home station or headquarters. Attention is directed to the langu.ige used fit the second paragraph of the rule wherein it is stated-
" * * When such irregular service prevents tile employe from making his regular daily hours at home station. ' ° "
'Section (e) is intended to cover employes who may ire an tuicrgency be called out to perform work oil or off their regular assigned territory and held away from their home or regular boarding or outfit cars. This would apply particularly to men called out to wash-outs, burnouts, wrecks, and emergency repair work ml stock yards, coal chutes, water stations, bridges. etc.'
another during April and May 1936. while working as roadway machine operators away from their home stations, the employes base their contention oil Rule 34 (c) of the agreement between the parties, effective January 1, 1936.
The employes claim that in the application of paragraph (c) of Rule 34, employes who are required by the management to leave their home station will be allowed actual necessary expenses where meals and lodging are not provided by the railroad.
The carrier contends that inasmuch as roadway machine operators who are assigned to work of the class indicated and where they cannot be stationed at any one point for any length of time, have no home station, and work under the same conditions as other employes of the gang, including assistant foreman and foreman.
The carrier further contends that in the interpretation given in the agreement, Rule 34 (c) specifically provides that it is intended to cover employes who may, in an emergency, be called out to perform work on or off their regular assigned territory, and further states the character or classes of work which would constitute emergency work.
In the opinion of the Board, the fact of employes performing work in a seniority district, would not exempt them from the provisions of the rule allowing necessary expenses when traveling away from their home station in irregular service, even though such work was in the seniority district to which they were assigned.
Regarding the interpretation given to Rule 34 (c), it is the further opinion of the Board that in its proper application this interpretation is not intended to exclude all other conditions that might arise in connection with the work of the carrier, but would apply particularly, not exclusively, to the classes of work specified. Under these conditions the irregular service of the employes covered by this instant case entitle them to the provisions of Rule 34 (c) and the allowance of necessary expenses where meals and lodging are not provided by the railroad while performing work on their regularly assigned territory but held away from their home station.
h'INDINUK-The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds
That the carrier and the employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That under the circumstances of this claim the employes are entitled to an allowance for necessary expenses while engaged in work away from their home station by direction of the carrier.