BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
GULF COAST LINES; INTERNATIONAL-GREAT NORTHERN
RAILROAD CO.; THE ST. LOUIS, BROWNSVILLE & MEXICO
RAILWAY CO.; THE BEAUMONT, SOUR LAKE & WESTERN
RAILWAY CO.; SAN ANTONIO, UVALDE & GULF RAIL
ROAD CO.; THE ORANGEAND NORTHWESTERN RAILROAD
CO.; IBERIA, ST. MARY & EASTERN RAILROAD CO.; SAN
BENITO & RIO GRANDE VALLEY RAILWAY CO.; NEW
ORLEANS, TEXAS & MEXICO RAILWAY CO.; NEW IBERIA
& NORTHERN RAILROAD CO.; SAN ANTONIO SOUTHERN
RAILWAY CO.; HOUSTON & BRAZOS VALLEY RAILWAY
CO.; HOUSTON NORTH SHORE RAILWAY CO.; ASHERTON
& GULF RAILWAY CO.; RIO GRANDE CITY RAILWAY CO.;
ASPHALT BELT RAILWAY CO.; SUGARLAND
RAILWAY CO.
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that the Carrier be required to reimburse Mr. E. J. McGlathery for house rent losses sustained as a result of delay in transferring him from San Marcos, Texas to Palestine, Texas.
EMPLOYES' STATEMENT OF FACTS: On March 19, 1945, Mr. E. J. McGlathery, then Chief Clerk-Cashier at San Marcos, Texas, was assigned to position of Ticket Clerk at Palestine, Texas.
Mr. McGlathery was not relieved at San Marcos until close of day April 27, 1945. He began work in Palestine April 28, 1945.
On March 20, 1945, Mr. McGlathery wrote the Superintendent's Chief Clerk that he had rented an apartment in Palestine and stated that his "rents are working at both ends," and asked to be transferred as quickly as possible.
On April 12, 1945, Mr. McGlathery wrote the Superintendent, again asking that he be transferred, and again mentioned his house rent.
Mr. McGlathery was finally relieved at San Marcos on April 27, 1945, and began work at Palestine on April 28, 1945-just thirty-five days late.
OPINION OF BOARD: Claimant was working the position of Chief Clerk-Cashier at San Marcos, Texas, when he was assigned by bulletin to position of Ticket Clerk at Palestine on March 19, 1945. Due to a shortage of experienced employes, Claimant was not placed on the new position until April 28 1945. Claimant rented an apartment in Palestine on March 20, 1945 and due to the failure of the Carrier to transfer him to his new assignment within five days, he was obliged to pay rent at both points. The claim is for the los=s thus sustained.
We are of the opinion that where, as here, an employe is not transferred to an awarded bulletined position witin five days at the fault of the Carrier, the employe is entitled to all losses proximately resulting to the employe personally which grow directly from Carrier's breach of the Agreement. If the Agreement had been intended to cover wage losses only it would have been a simple matter for the rule makers to have said so.
Carrier contends that Claimant knew of the shortage of available employes and should have delayed the securing of living quarters. On the other hand, the securing of living quarters during the time here involved was a serious problem and we cannot say that the employe acted unreasonably in securing them at the place of his new assignment in the manner in which he did. The loss to him was one contemplated by Rule 9 (g).
FINDINGS:: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and uon the whole record and all the evidence, finds and holds:
The 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