CHICAGO, ROCK ISLAND AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of Joint Council Dining Car Employes' Local 849 on the property of the Chicago, Rock Island and Pacific Railroad Company, for and on behalf of L. D. Van Layer, Oscar S. Jones, Henry C. Parks, James E. Powell and Charles Worthy, that they be compensated for two (2) hours and forty-five (45) minutes for the hours, 8:15 P. M. to 11:00 P. M. on Carrier's failure to furnish Claimants usual and sanitary sleeping accommodations on these dates in violation of Rule 14 of the Agreement between the parties hereto.
EMPLOYES' STATEMENT OF FACTS: This dispute arises out of a failure of Carrier to furnish sanitary sleeping accommodations for Claimants on October 18 and 20 1965 at away from home terminal as required by the Agreement between the parties.
Carrier purported to furnish sleeping accommodations in the form of a lightweight sleeping car on the days in question. This car, however, was without lights or water; was extremely hot. It became necessary to open the rest room doors for ventilation and it was not until 11:00 P. M. on October 18, 1964 and 11:00 P. M. October 20, 1964 that these conditions were corrected. Em. ployes are attaching hereto as its Exhibits H, 1, J, K, and L, copies of Affidavits executed by Claimants herein concerning the condition of the car.
Under date of October 27, 1964, Employes filed time claim on behalf of Claimants which was denied by Carrier's General Superintendent Dining and Sleeping cars on November 17, 1964. (Employes' Exhibit A and C.) Employes appealed this decision to Carrier's Director of Labor Relations on November 24, 1964 who under date of January 18, 1965 also denied the claim. (Employes' Exhibits D and E.) In a final effort to adjust the matter on the property, Employes again wrote Carrier's Director of Labor Relations on March 8, 1965. Employes, however, received no response (Employes' Exhibit B).
1. There is an Agreement in effect between the parties to this dispute bearing an effective date of April 1, 1962 (revised to July 16, 1962) on file with your Board which by this reference is made a part of this submission.
3. The handling given the Employes' claim is shown in Carrier's Exhibits as follows:
OPINION OF BOARD: On the dates specified in the Claim, Claimants were assigned to Carrier's Train No. 7, with scheduled arrival time in Des Moines at 7:45 P. M. They were scheduled to go off duty at 8:00 P. M. with scheduled layover until 12:30 P. M. the following day.
Due to late arrival, on the dates involved, the Claimants went off duty at 8:15 P. M. They were assigned sleeping car accommodations in a Dormitory Car. The car was uninhabitable from 8:15 P. M. to 11:00 P. M. on both dates because of a bad order heat thermostat and no water connections. Each of the Claimants pray that they be compensated for the 2 hours and 45 minutes, for each day, that assigned sleeping accommodations were unavailable to them. It was alleged on the property and in the Claim presented to this Board that the unavailability violated Rule 14 of the Agreement, which reads:
Regularly assigned employes held at away-from-home terminal beyond the scheduled layover period and not required to perform service