NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Chicago, Milwaukee, St. Paul & Pacific Railroad Company,
EMPLOYES' STATEMENT OF FACTS: E. C. Weatherly is the Claimant in this case. Java, South Dakota, is the station involved.
Java, South Dakota, is a small one-man station located on the Hastings and Dakota Division of the Chicago, Milwaukee, $t. Paul & Pacific Railroad approximately seventy miles west of Aberdeen, South Dakota.
Bulletin No. 1, dated January 1, 1947, advertised for bids a vacancy in the position of Agent-Telegrapher at Java.
The Railroad Company provides rooms in the station building at Java as living quarters for the Agent-Telegrapher and his family.
There were no water facilities on the property. Water for family use, as well as for use of section crews, was obtained from private hydrants some distance from the station.
In the interim, between the date of assignment and date of his transfer to the newly acquired position, Weatherly made an inspection of the living
pany, spent $238.79 for material, which was used only for alterations and improvements, and $248.70 for labor. If Mr. Weatherly's claim were sustained, it would have the effect of indicating the agent could use his own judgment, not only as to repairs which he considered necessary in living quarters of station buildings, but also as to alterations and improvements which he wished to make in those living quarters and could incur expense, in the amount of several hundred dollars or in any amount for such work, for the railroad company. If Mr. Weatherly could do so, then other agents who have the benefit of living quarters in station buildings could do likewise, which would create a situation which could not be tolerated and would mean that the practice of furnishing living quarters could not be continued.
The Carrier asserts that the claim of employe Weatherly-that he be reimbursed to the extent of $487.49 for expenditures which he made for labor and material, and for an additional $32.00 for living expenses-has no support under the schedule rules and respectfully asks that the claim be declined.
OPINION OF BOARD: On January 1, 1947, claimant bid in the position of Agent-Telegrapher at Java, South Dakota, it being a small one-man station. The Carrier provided living quarters at this point for the agenttelegrapher and his family. Claimant made an inspection of the living quarters before transferring to Java. He found the living quarters very dirty, the roof leaky, and the place in a badly rundown condition. Claimant asked the Carrier to fix the place which it did not do. Claimant fixed up the place after gaining approval from the Carrier, the terms of the approval being in dispute. The applicable rule provides:
The Carrier urges at the outset that it was under no obligation to provide living quarters for claimant under the foregoing rules. The fact remains that it did furnish living quarters and thereby obligated itself under Rule 19(b) to keep them in a habitable and sanitary condition. The record indicates that the Carrier failed in its obligations under Rule 19, although some minor roof repairs were made by its B&B forces. The Carrier excuses its dilatory attitude by stating that B&B forces were occupied in programmed work which they could not abandon at the time.
In order to make the quarters livable, claimant demanded that they be made habitable and sanitary. He also requested that certain alterations be made which was in excess of Carrier's agreement to make them habitable and sanitary. The Carrier refused this demand although it authorized claimant to make the alterations at his own expense if he desired. The situation was understood by claimant as is shown by his letter of February 6, 1947, wherein he said:
It goes almost without saying that an employe of a carrier cannot bind or obligate the carrier as was here attempted. Ordinarily express authority is required for an employe to make commitments which the Carrier must assume. In the case before us, we think the Carrier should be required to 5173-9 'l0'7
pay what was reasonably necessary to put the living quarters in a habitable and sanitary condition, and nothing more. The cost of repairing the roof and floors, and the cleaning and painting of the walls, was authorized by the Carrier. The cost of new partitions, the lowering of ceilings, the purchase and installing of doors, windows and casings, the purchase and installation of Celotex and Sheetrock, was not authorized by this Carrier. It was plainly assumed by claimant in writing. The claim for living expenses is not supported by any rule of the Agreement.
There is evidence in the record that the Carrier furnished the materials for the repairing of the roof and floors. The claim lists no item of expense for such materials. The labor in connection with making these repairs is not separated from that required in making alterations. We cannot determine such amount, if any, from the record. Other items of the claim are readily separable. Je are required, therefore, to remand the case for joint handling on the property with instructions within 60 days from the date of this award, to determine the amount due the claimant in accordance with the findings and holdings of this Opinion.
FINDINGS: 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