THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:



STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Central of Georgia Railway Company that:





EMPLOYES' STATEMENT OF FACTS: Mr. B. F. Jones was a furloughed Assistant Signalman for this Carrier. During the period of July 1 through July 11, 1958, the Signal Maintainer with headquarters at Leeds, Alabama, was on vacation and the Carrier recalled Mr. Jones from the furloughed list to fill the vacation vacancy. Mr. Jones filled the vacation vacancy at Leeds, Alabama, and subsequently submitted a statement of expenses covering the period he was relieving at Leeds to Mr. W. M. Whitehurst, Signal Engineer.


Under date of August 12, 1958, Signal Engineer Whitehurst declined to pay the expense account in the following letter to Mr. Jones:




In view of the Carrier's denial of his expense account, Mr. Jones turned the matter over to General Chairman J. R. Estes, Jr., who submitted the following claim to Signal Engineer Whitehurst under date of August 23, 1958:



12343-19 768





And there are many more identical awards on this point such as Third Division Nos. 7870, 7718, 7653, 7440, 7422, 7153, 7166, 7101, 7093, 7068, etc.


The Board, having heretofore recognized the limitations placed upon it by law, and that it does not have authority to write new rules, and will therefore not attempt to further restrict Carrier's rights, there is ample reason for a denial award for this sole reason, if for no other.




It having been proven that-





the claim is clearly not supported by the Central of Georgia Agreement in evidence, and the Board cannot do other than make a denial award.


OPINION OF BOARD: This case is the same in all material respects as in Docket No. SG-11621, Award No. 12342.






FINDINGS: The Third Division of the Adjustment Board, 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 the Agreement was violated.
12343-20 769

AWARD Claim sustained.






Dated at Chicago, Illinois, this 20th day of March 1964.