STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: The claimant B&B employes were regularly assigned to their respective positions on B&B Gang No. 104, Seniority District No. 3, with headquarters in camp cars.
On November 4, 5, 6, 9, 10 and 12, 1959, the claimants were taken away from their regularly assigned headquarters and camp cars to perform work elsewhere on their seniority district, thereby incurring noon day meal expenses on each of the aforementioned dates.
Each claimant submitted an itemized expense account in the usual and customary manner for the following amounts:
The expense accounts were disallowed. Consequently, the claim as set forth herein was timely presented and progressed in the usual and customary manner on the property, but was declined at all stages of the appeals procedure.
The Agreement in effect between the two parties to this dispute dated April 28, 1950, together with supplements, amendments, and interpretations thereto is by reference made a part of this Statement of Facts.
POSITION OF CARRIER: The provisions of the above quoted rule do not require the Carrier to reimburse employes who choose to buy their lunches. On the dates for which the claim is made, the employes were notified in advance to take their lunches, which is customary under such circumstances. Because of the severe weather, they were transported to the work lo~cation in a truck rather than using a motor car as they normally do. The rule does not contemplate that employes will be reimbursed for lunch during their normal work day. Cooking facilities are available on the camp cars furnished the employes. Normally, the employes would take their lunches with them, but for some reason not explained by the petitioners, they chose to buy their lunches on the particular days of the claim.
In addition to the fact that the Rule does not contemplate payment for lunches under these circumstances, the employes did not "perform work requiring variable hours." It will be observed from the Rule that the furnishing of meals and lodging is only a requirement when the employes "perform work requiring variable hours." The employes in this instance did not perform work requiring variable hours, but worked their normal and regular hours.
In presenting the claim on the property, the claimants took the position that the words "perform work requiring variable hours" should not be considered. Obviously, these words, being a part of the Agreement between the parties, cannot be overlooked. They are significant, and have a definite meaning. Employes who work their normal hours, as the claimants did here, do not perform work requiring variable hours.
This Board is charged with the responsibility of interpreting the contract between the parties, and cannot overlook the plain and unambiguous provisions of the Agreement.
OPINION OF BOARD: On the dates set forth in the statement of claim Claimants were assigned to Bridge and Building Gang 104 with headquarters in camp cars. On these dates they were taken away from camp headquarters in a company truck to an unnamed location to perform service. Claimants purchased their own noon-day meals and presented to the Carrier Expense accounts covering the expense they were put to which the Carrier declined to pay.
The issue presented here concerns the purpose and intent of Rule 13, Paragraph (c), of the Agreement between the parties which, so far as applicable here, provides as follows:
The Rule is specific and there is nothing advanced by the Carrier in the record which supports Carrier's position that these claims should not be paid. The Claimants paid for their noon-day meals on the dates named and they must be reimbursed for the additional expense incurred as herein claimed.
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: 12832-7 218