Award Number 17932 Docket Number MW-18387 NATIONAL RAILROAD ADJUSTMENT BOARD
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: The claimant was furloughed from his position in a stationary B&B gang located at Pueblo, Colorado. Thereafter, he exercised his seniority rights to a position in traveling B&B Gang 7181, which was headquartered in outfit cars furnished by the Carrier. He worked in that gang from December 28, 1967 through March 4, 1968, after which he returned to the stationary gang at Pueblo, Colorado.
The outfit (kitchen) cars furnished to B&B Gang 7181 in which to prepare and eat meals was not adequately equipped for that purpose. It was not equipped with a gas or oil cooking stove. It contained only one small coal cooking stove. It did not contain either hot or cold water and it was not provided with a water heater or with sanitary receptacles for the storage of water. Therefore, the cooking facilities available to the claimant while working with B&B Gang 7181 did not meet the minimum requirements of Rule 19(a), which reads:
The Organization's letters have not been reproduced as the General Chairman's letters are all quoted in Carrier's letters denying this claim.
OPINION OF BOARD: Claimant, a B&B carpenter, was a member of traveling B&B Gang 7181, which was headquartered in outfit cars furnished by the Carrier, during the period of this claim, December 28, 1967 through March 4, 1968.
The issue is whether Claimant is entitled to meal allowance of $3.00 per day as provided in Rule 19 (f) and (g), or, as alleged by the Carrier, that Claimant was properly compensated at $2.00 per day as provided in Rule 19 (e).
Under Rule 19 (a) of the Agreement, Carrier has agreed to provide its outfit cars with specific equipment to facilitate preparing and serving of meals to occupants thereof. Throughout the handling of claim on the property the Organization contended that the outfit car involved did not meet the provisions demanded of the rule. The record affirmatively shows that Carrier did not deny the Organization's contention that the outfit car lacked a gas or oil stove and sanitary receptacles for the storage of water as provided in the rule. Carrier's only defense, on the property, was premised on a conclusionary statement that four other men on the gang used the facilities for their meals as sufficient proof that the necessary facilities were furnished. In its submission to the Board, Carrier asserted various other defenses but which the record affirmatively shows were not raised during the handling on the property. It is well established that issues and contentions raised for the first time before the Board will not be considered.
We cannot accept the Carrier's conclusion that Claimant's entitlement under the provisions of Rule 19 (a) be abrogated because others utilized the facilities which did not meet the provisions of the rule. It is suffice to say that Carrier did not provide the necessary facilities specifically required by Rule 19 (a), which constituted a breach of the Agreement by the Carrier.
We conclude Claimant is entitled to meal allowance as provided in Rule 19 (f) and (g).
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 repectively 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