STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Southern Railway, that:
1. Carrier violated the Telegraphers' Agreement when it failed and refused to reimburse C . E. McElhaney for expenses incurred during the months of May and June, 1957 for the use of his private automobile while performing service on the Lenoir City-Sweetwater rest day relief position.
2. Carrier shall reimburse C . E. MeElhaney, the regular occupant of the Lenoir City-Sweetwater rest day relief position, at the rate of eight (8) cents per mile for 680 miles traveled during the months of May and June, 1957 on the aforementioned position. Total amount due $54.40.
3. If Carrier continues the violation set forth above, then this claim is hereby made continuous and shall serve as claims for any future reimbursement for travel expenses incurred by the claimant while performing service on the aforementioned position. At the close of each month, claimant shall complete and file with the Carrier, Carrier's Form 1750-1, the designated form for claiming travel expenses and the same shall be made a part hereof.
EMPLOYES' STATEMENT OF FACTS: C. E. McElhaney is the regularly assigned rest day relief employe on Lenoir City-Sweetwater rest day
relief position. His designated headquarters are at Sweetwater, Tennessee. The relief assignment is scheduled to work as follows:
The Board, having heretofore recognized the limitations placed upon it by law, and the fact that it is without authority to grant new rules or modify existing rules such as here demanded by the ORT, has no alternative but to make a denial award of that part of the claim here in dispute.
(1) The effective Telegraphers' Agreement was not violated and does not support that part of the claim here in dispute, i.e., for pay at 8 cents a mile for 20 miles on May 4, 5, il, 12, 18, 19, 25, 26 and June 8, 9, 15, 16, 22, 23, 29 and 30 1957.
(3) Claim is nothing more than a demand by the ORT that the Board establish a new rule or working condition by an award of the Adjustment Board.
The Board having heretofore recognized that it is without authority under the law by virtue of which it functions to grant new rules or modify existing rules as here demanded by the ORT, has no alternative but to hold that the effective Telegraphers' Agreement has not been violated, that such agreement does not support the part of claim here in dispute, and make a denial award.
OPINION OF BOARD: The issue here is identical with that disposed of in Award No. 12293, involving these same parties. That Award being controlling, the claim will be denied.
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