Award No. 12343
Docket No. SG-11622
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Michael J. Stack, Jr., Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
CENTRAL OF GEORGIA RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Central of Georgia Railway Company that:
(a) The Carrier violated the current Signalmen's Agreement,
particularly the Supplemental Agreement of June 1, 1955, pertaining to vacation relief work, when the Carrier called Mr. B. F. Jones
to Leeds, Alabama, to relieve the Signal Maintainer who was on
vacation.
(b) Mr. B. F. Jones be paid expenses in the amount of $30.56
which were incurred while doing this vacation relief work.
[Carrier's File: Docket SIG 6849-SIG 444]
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:
"Returned attached is your statement of travel expenses for the
month of July 1958 in the amount of $30.56, showing expenses in
connection with your relieving Signal Maintainer with headquarters
at Leeds, Alabama, who was on vacation at that time.
Travel expenses are not allowed for an employe on furloughed
list who is called for service."
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:
[750]
12343-19
768
by the Railway Labor Act, which is the proper source of authority for
that purpose. See Award 5703. See, also, Awards 4439, 5864, 2491.
`The burden of establishing facts sufficient to require or permit
the allowance of a claim is upon him who seeks its allowance.' See
Awards 3523, 6018, 5040, 5976." (Emphasis ours.)
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.
CONCLUSION
It having been proven that-
(1) The claim is dead under the Time Limit Rule, Article V
of the November 5, 1954 Agreement on the Central of
Georgia Railway;
(2) The claim involves a claim for expenses for July 1-11,
1958, which expenses the petitioners have no agreement
to cover;
(3) The Central of Georgia did not violate any rule or past
practice by declining to pay expenses for an employe
who has no "home station" because he is unemployed;
(4) The Board is without authority to grant the new Agreement and rule here demanded, and has so recognized in
numerous prior awards;
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.
(Exhibits not reproduced.)
We adopt the opinion therein as determinative of the issues of this case.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 20th day of March 1964.