THE CHESAPEAKE AND OHIO RAILWAY COMPANY
(CHESAPEAKE DISTRICT)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Railroad Signalmen on the Chesapeake and Ohio Railway Company (Chesapeake District):
EMPLOYES' STATEMENT OF FACTS: Arbitration Board No. 298 was constituted and established pursuant to an Agreement between certain Railroad Labor Organizations, including the Brotherhood of Railroad Signalmen, and the National Railway Labor Conference representing certain Carriers including the Chesapeake and Ohio Railway Company. On September 30, 1967, that Arbitration Board :;dope^d an Award which is by reference made a part of the record ieerein.
Article V of Arbitration Braid No. 298 Award afforded the organization parties the option of accepting any or all benefits provided in the Award, or continuing in effect any or all provisions of the existing schedule agreement.
Pursuant to the Award of Arbitration Board No. 298, on February 15, 1968, Carrier's Assistant to Vice President-Labor Relations, and the Brotherhood's representatives agreed that there be added to the current agreement a new rule which in effect implemented certain provisions of the Award. This Rule is reproduced and attached hereto as Brotherhood's Exhibit No. 7.
On September 27, 1969, Carrier established a Signal Gang, at Scottsville, Virginia, comprising one (1) Signal Foreman, two (2) Sig-nalmen, and two (2) Assistant Signalmen.
The assignees to the gang positions are employed in a type of service, the nature of which regularly requires them throughout their work week to live in camp cars, camps, highway trailers, hotels or motels.
Copies of the three bulletins advertising the above position; and the addenda to the bulletins awardirg the positions arc attached and nrarked t'or identification as Carrier's Exhibit 4.
The work performed by this district signal gang established with Scotts. eille, Virginia, as the central headquarters point, was the restoration of certain of the signal and interlocking facilities and equipment damaged or destroyed by the flooding. Similar work was performed by the System Signal Gang that was brought in on the district. The restoration work was completed to the extent that the System Signal Gang was removed from the Division on October 3, 1969. The district signal gang completed the restoration and the force was abolished on October 31, 1969.
The Claimants, all members of the district signal gang, filed claim for "$4.00 lodging and $3.00 meal allowance of the February 15, 1968 Agreement account Carrier established a gang without camp cars at Scottsville, Virginia, for the period September 27 to October 37, 1969:"
In handling on the property- and in conference, it was the position if the Organization that the district signal gang could not be established at Scottsville, Virginia, without the providing of camp cars or if camp cars were net provided, the Carrier was required to pay $4.00 per day for lodging and $3.00 per day for meals during the period of the claim under the provisions of the February 15, 1968, implementing agreement and Award of Arbitration Board No. :398.
The Carrier's highest officer designated to handle claims denied the instant claima by letter (la,ed April 2, 1970, and reaffirmed that decision instant claims uy ietwr dated April 2, 1970, arvd reaffirmed that decision by letter dated July 20, 1970, which are Carriers Exhibits .i and 6, respectively.
The i.istory and factual devclopincLnt of the matter having been set forth, the Carrier will now lpr recd to outline and discuss its position in this case.
OPINION OF BOARD: On September 27, 1969, Carrier establthed a ,iistrict Signal gang with headquarters at Scottsville, Virginia, which gang ryas brought in to repair damage to signal and interlocking facilities caused by extensive flood damage. The hang's personnel was the Claimant's whose positions were abolished October 31, 1969. Carrier failed to provide camp cars for the gang to live in, nor did it provide lodging or eating facilities for them. The Claimants filed claim for S 1.00 lodging and $3.00 meal allowance pursuant to the February 15, 1968 Agreement in effect on the property, account Carrier established a gang without camp cars at Scottsville, Virginia for the period September 2'7 to October 31, 1969.
The the outset, Carrier alleges that this Board is without jurisdiction to pass on the merits of the present claim since Arbitration Board No. 298 has exclusive jurisdiction to rule on any difference arising as to the meaning of its Award. However, the issue raised by the within claim involves the interpretation of the implementing Agreement of February 15, 1968, and not an interpretation of Arbitration Award No. 298. This distinguishes the claim from Awards 18577, 18578, 18485, 18813 and others relied on by Carrier in support of its contention. Thus, we have jurisdiction to adjudicate the claim on its merits.
R7e are of the opinion that the February 15, 1968 Agreement is applicable here, and thus we must decide whether Claimants were employes within the purview of that. Agree-meat. Section 1 of the Agreement reads, in part:
Ali the Claimants except Swift lived at home and all the work was performed in the vicinity of Scottsville, the headquarters point. The gang was not required to move from project to project as work requirements were needed, nor were they required to live in camp cars etc. away from home. They reported at Scottsville daily and performed work in the vicinity thereof.
Before the $4.00 lodging and $3.00 meal allowance provisions of the February 15, 1968 Agreement became applicable, there is a clear, unambiguous criteria that must be met, to wit, the employes must be "employed in a type of service, the nature of which regularly requires them throughout their work week to live away from home in camp cars, camps, highway trailers, hotels, and motels etc." Failure of the employes to do so, precludes recovery of the $4.00 lodging and $3.00 meal allowance. Since Claimants were not so engaged in a type of service the nature of which required them throughout their work week to live away from home in camp cars etc., they are not entitled to the lodging and meal expenses provided for by the February 15, 1968 Agreement.
''This fact distinguishes the present claim from the claims involved in Awards 18596, 18597, and 18598, since there the service claimants were involved in required them to rogularly throughout their work week live away from home.
FINDINGS: The Third Division of the Adjustment Board, upon the whole re,,ord and all the evidence, finds and holds:
7hat 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