NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W, Devine, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
BURLINGTON NORTHERN INC.
(Formerly Chicago, Burlington & Quincy Railroad Company)
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when it allowed the
members of B&B Gang #4 a meal allowance of two (2) dollars
per day instead of three (3) dollars per day. (System Files 113/M-1297-68; 11-3/M-1303-69; 11-3/M-1318-69; 11-3/M-1328-69
and 11-3/M-1345-69).
(2) B&B Employes L. C. Wieczorek, R. L. Richardson, R. L.
Johnson, S. M. Seroka, H. C. Knodle, Ralph Waltney, D. F. Kline,
111. A, Bautsch, L. A. Francis, A. Echelbarger and all other employes
subsequently assigned to B&B Gang #4 each be allowed an additional one (1) dollar per day beginning with October 26, 7968, for
each clay that they are assigned to B&B Gang #4.
EMPLOYES' STATEMENT OF FACTS: The claimants are the foreman and members of B&B Gang #4. They are employed in a type of work
the nature of which requires them throughout their work week to live away
from home in outfit cars and, therefore, they are entitled to receive a daily
meal allowance in accordance with the provisions of Rule 59 which, insofar
as it is pertinent hereto, reads:
"OUTFIT CARS - LODGING - MEALS
The company shall provide for employes who are employed in
a type of service, the nature of which regularly requires them
throughout their work week to live away from home in outfit cars,
camps, highway trailers, hotels or motels as follows:
:e x r+
(d) if the railroad company provides cooking and eating
facilities and pays the salary or salaries of necessary cooks, each
employee shall be paid a meal allowance of $1.00 per day.
June 26, 1969, the Carrier advised that the claim would be considered as a
continuing claim and that it would not be necessary to file a new claim each
month.
The claim covering the period October 26 through November 25, 1968
and those filed for subsequent periods were identical to the one filed initi311y,
and is now pending adjuration by this Board. The General Chairman requested the Carrier', concurrence in holding said claims in alreyance4ennling
this Board's adjudication of the initial claim but the Carrier refused to
do so.
The time limits within which to submit each of the claims comprising
this docket to the Board were subsequently extended 90 days.
Claim was timely and
properly ;presegbed arid handled by the Employes
at all stages of appeal up to aqJlpfqchlfting tile . 'orrier's highest appellate
officer.
The Agreement
if
"ectrbetween the two parties to this dispute dated
September 1, 1949, together with supplements, amendments and interpreta
tions thereto is by ggtqrence made a part of this Statement of Facts.
CARRIER'S STATEMENT OF
FACTS: The claimants named in the
Statement of Claim were members of Aurora Division B&B Gang No. 4.
Combination kitchen-bunk car 251146 was assigned to this gang during the
period of the claim. This car was equipped with stove, refrigerator, utensils,
dishes and cutlery.
The claimant employes were paid a meal allowance of $2.00 per day
in accordance with Rule 59(e) of the agreement between the parties entered
into on February 21, 1968 pursuant to the provisions of Arbitration Award
298 dealing with expenses away from home. Claim is made herein that the
cooking and eating facilities provided by the Carrier did not meet the standards set forth in Rule 59(h), and that the claimants were therefore entitled
to the $3.00 per day allowance stipulated in Rule 59(f).
Rule 59 just referred to, and other rules not pertinent to this particular
dispute, are included in a Memorandum of Understanding entered into by
the parties to this dispute on February 21, 1968, pursuant to the option of
the Employes to elect to adopt Section I and IL of Arbitration Award 298.
A copy of this Memorandum of Understanding is attached hereto as Carrier's
Exhibit No. 1.
(Exhibits not reproduced.)
OPINION OF
BOARD:
The issues involved herein, the Claimants, the
factual situation and the agreement rules are the same as were involved in
recent Award 18259. We have reviewed that Award and do not find it to
be palpably erroneous. It i, therefore, controlling herein and the claim
will be sustained.
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;
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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.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 4.th day of December 1970.
Keen= Printing Co., Chicago, III. Painted in U. S. A.
18313