THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: Claimant Dave Martinez has established and holds track laborer's seniority on the western Seniority District of the Tucson Division and Claimant Pedro Munoz has established and holds track laborer's seniority on the Eastern Seniority District. Their seniority is confined to their respective seniority districts.
On June 5, 1966, the Carrier assigned Track Laborer Dave Martinez, who does not have any seniority on the Eastern Seniority District, to fill a student track foreman's position on said district. Track Laborer Pedro Munoz, with track laborer's seniority on the Eastern Seniority District dating from August 4, 1927, possessed the necessary qualifications and his seniority entitled him to have been assigned to fill this position.
The Carrier failed to reimburse Track Laborer Dave Martinez for personal expenses incurred during the period he was held away from his
By letter dated November 8, 1966 (Carrier's Exhibit "C"), Petitioner's General Chairman appealed the claim in behalf of Claimant Munoz to Carrier's Assistant Manager of Personnel and at that time submitted a claim in behalf of Claimant Martinez, " . that he be reimbursed for all expenses incurred by him as a result of Carrier's violation referred to in Part 1 of our Statement of Claim." By letter dated December 27, 1966 (Carrier's Exhibit "D"), Carrier's Assistant Manager of Personnel denied the claims.
OPINION OF BOARD: The facts in this case are not in dispute. The Organization claims that the Carrier violated the Agreement when it transferred a track laborer (Martinez) holding seniority in one seniority district to another seniority district and established him in the position of student foreman at that point. Claimant Munoz held seniority in the seniority district into which Claimant Martinez was transferred. Claimant Munoz is claiming the difference between track laborer rate of pay and student foreman rate of pay for the period of the duration of the alleged violation. Claimant Martinez asks to be reimbursed for all personal expenses incurred during the period he hell the position of student foreman off his home seniority district.
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