BURLINGTON NORTHERN INC.
(Formerly Chicago, Burlington & Quincy Railroad Company)
CARRIER'S STATEMENT OF FACTS: The claimants referred to in the Statement of Claim were members of LaCrosse Division B&B Gangs Nos. 1 and 2. Combination kitchenbunk car 25114 was assigned to Gang No. 1, and car 251074 to Gang No. 2 during the period of this claim, beginning October 20, 1968. These cars were 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 rotes 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 Sections I and 11 of Arbitration Award 298. A copy of this Memorandum of Understanding is attached hereto as Carrier's Exhibit No. 1.
OPINION OF BOARD: The facts involved in this case encompass essentially the same facts as contained in Award No. 18577. Therefore, for the same reasons as outlined in Award No. 18577, this claim will be dismissed.
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.
2 which represent documentary evidence to the contrary. The questionnaires, attached hereto as Employes' Exhibit "A," were enclosed with our letter of January 13, 1970, which reads:
The claim filed in behalf of the members of B&B Gangs 1 and 2 was filed on December lfr, 1968 and is now pending adjudication by this Board in Docket MW-18731. However, because B&B employes are required to and often transfer from one gang to another, and because new employes were hired and assigned to B&B Gangs 1 and 2 subsequent to December 16, 1968, it was necessary to file two (2) additional claims so as to include the aforedescribed employes. These two (2) claims, which we have combined into this claim, were filed on April 2 and June 9, 1969 respectively. The claim filed on April 2, 1969 (20-3/M-1339-60), covered the new employes and it was stipulated that "Our claim to be effective as of the date these employes entered the service of the railroad." The claim filed on June 9, 1969 (20-3/M-1347-69) covered the employes vvho had been transferred to the two (2) B&B gangs and it stipulated that the claim would be retroactive 60 days from the date Case No. 20-3/M-1347-69 was filed on the property. (It included employes who were also claimants in Docket 17W-18731, now pending adjudication by this Board. To avoid duplication, said claimants' names have been delected from this claim).
Claim was timely and properly presented and handled by the Employes at all stages of appeal up to and including the Carrier's highest appellate officer.
The Agreement in effect between the two parties to this dispute dated September 1, 1949, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.