(a) Carrier violated the current Signalmen's Agreement, as amended, particularly Rule 59, when it failed and/or refused to properly maintain the camp cars of System Construction Gang No. 4 from January 4 to February 7, 1969.
(b) Carrier should now be required to reimburse Leading Signalman J. D. McDonald and Signalman C. D. Wilcox for motel expenses incurred as follows (all dates inclusive):
including the highest officer of the Carrier designated to handle such disputes, without receiving a satisfactory settlement.
CARRIER'S STATEMENT OF FACTS: System Construction Gang No. 4, Foreman R. W, Muse, was located at Chattanooga, Tennessee during the months of January and February of 1969. In addition to the foreman, the ;gang consisted of the following:
Messrs. Wright, Cobb and Ward were assigned to L&H Camp Car 4349:_ Messrs. Wilcox and McDonald were assigned to L&N Camp Car 43494, and Foreman Muse was housed in the foreman's camp car.
On January 4, 1969, Messrs. Wilcox and McDonald, without authority, moved into a motel in Chattanooga, claiming that there was not sufficient heat in their car, and furthermore that they could not bathe for the shower was not functioning properly. They remained at the motel during the period of time shown in the claim.
Claim was presented in favor of Wilcox and McDonald for the Motel expexise, but since the employes were not authorized to stay at the motel at the carrier's expense, and they did so in violation of the current working rules agreement, the claim was declined.
Copy of the claim and copies of correspondence exchanged in connection with the claim are attached as Carrier's Exhibits A through F.
There is on file with the Third Division a copy of the current working rules agreement, and it, by reference, is made a part of this submission.
OPINION OF BOARD: Claimants were assigned to a System Construction Gang. Camp cars were provided by Carrier for the use of the men in the gang. Claimants contend that the fuel oil heaters and shower facilities in the cars failed to perform properly, in violation of Rule 59 of the Agreement:
and recreation space shall be screened. All cars shall be equipped with furnishings in proper proportion to the number of men to be accommodated. They must be equipped with springs consistent with safety and character of car and comfort of employes. It will be the obligation of the Railroad Company and a duty of the foreman or tester to see that cars are kept clean and in good and sanitary condition at all times, which shall be done at company expense. Drinking water, water suitable for domestic uses, free from rust and other matter, fuel, electric or other suitable refrigeration and suitable electric receptacles for the number of men to be accommodated shall be furnished. Furnishings referred to herein shall include stoves, kitchen and dining utensils and dishes, soap, chairs, lockers, spring cots, mattresses, blankets and pillows.
The Carrier disputes the degree of discomfort and inconvenience to which Claimants were subjected but admits deficiencies in the equipment which we find rendered the camp car below the standards prescribed in Rule 59. Carrier defends the claim herein, however, on the ground that the Agreement itself provides a procedure and a remedy for non-compliance with Rule 59 and Claimants neither invoked the procedure nor sought the remedy to which they may have been entitled. Carrier relies on Rule 29(c):
The claim herein is for reimbursement of motel expenses incurred by Claimants when they abandoned the camp cars without following the procedure specified in Rule 29(c). We must deny the claim. Rule 29(c) clearly provides that employes are entitled to such reimbursement only if the Carrier fails to effect timely repairs after formal notification of the deficiencies of which complaint is made. Claimants are not permitted to resort to self-help in these circumstances. Their failure to comply with Rule 29(c) is fatal under the Agreement.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: