Without prejudice to the Carrier's position that the Agreement was not violated, as alleged by Petitioner, and that the handling was in accordance with the Agreement and claim for expenses of meals and lodgings is therefore without merit and agreement basis, no itemized statement of alleged expenses has been furnished the Carrier, and in the opinion of the Carrier the claim of $70.00 for ten days, or $7.00 per day, is excessive and unwarranted for a Section Foreman at Parsons.

As the facts and evidence definitely and conclusively show the agreement was not violated as alleged by the Petitioner, and no rule in the agreement supports claim for personal expenses as claimed, the Board is requested to deny the claim.

Except as expressly admitted herein, the Carrier denies each and every, all and singular, the allegations of the Petitioner's claim, original submission and any and all subsequent pleadings.

All data submitted in support of Carrier's position as herein set forth have been heretofore submitted to the employes or their duly authorized representatives.

(Exhibits not reproduced).

OPINION OF BOARD: The System Committee of the Brotherhood claims Carrier violated its Agreement with them when, during the period of July 2 to 16, 1951, it required Relief Section Foreman L. L. Nichols to fill the position of Section Foreman at Section 201, Parsons, Kansas, while, during the same period, it permitted Section Laborer S. A. Shewbart to fill the position of Section Foreman at Section 215, Wagoner, Oklahoma, Nichols' home station. It asks, because thereof, that Carriqr reimburse Nichols for the actual and necessary expenses he incurred for meals and lodging while filling the assignment at Parsons. This expense amounted to $70.00, being $50.00 for meals and $20.00 for lodging.

In accordance with Article 4, Rule 1, of the parties' effective Agreement, Carrier had available three Relief Section Foremen for use on the territory under the jurisdiction of Roadmaster J. L. Couch. They were, in the order of their seniority, A. C. Rodriguez, O. O. Couch and L. L. Nichols. Beginning July 2, 1951, there were four temporary vacancies of Section Foreman positions on this territory. They were all of less than twenty days' duration and accordingly not to be bulletined. See Article 4, Rule 5 of the parties' effective Agreement. The four vacancies were Sections 214 and 215 at Wagoner, Oklahoma, Section 201 at Parsons, Kansas, and Section 167 at Galena, ansas. Under the provisions of Article 4, Rule 5, the senior unassigned available relief foreman is required to be notified of vacancies of twenty days' duration, or less, which his seniority may entitle him to for the purpose of acceptance or rejection.

Carrier assigned Rodriguez to Section 214 at Wagoner and Couch to Section 167 at Galena. This left Section 201 at Parsons and Section 215 at Wagoner open. Without advising Claimant that both these vacancies were open and available to him, Carrier on June 30, 1951 notified him to "arrange to relieve E. C. Garton Sec. 201 Parsons Monday 2nd" This left Claimant with no choice. It required him to report at Parsons on July 2, which he did. Claimant's rights were thus violated as he should have been notified of both vacancies so he could have made his own decision as to which, if either, he would accept.

Claimant was required, by direction of Management, to leave his home station. While away from his home station his meals and lodging were not furnished by Carrier. Consequently his actual expenses for them should be allowed. See Article 12, Rules 2 and 3 of parties' effective Agreement.

That the Carrier violated the Agreement.

AWARD