NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20103
Irwin M. Lieberman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee if the Brotherhood that:
(1) The Carrier violated the Agreement when it refused to reimburse
D. C. Hall for the actual expenses he incurred for meals and lodging during
the first pay period of November, 1971 (System File A-9129 D.C. Hall/D-6768).
(2) The Carrier now be required to pay D. C. Hall the amount of
$46.05 which represents the difference between the actual meal and lodging
expenses he incurred and the amount of reimbursement remitted to him by the
Carrier.
OPINION OF BOARD: Outfit cars furnished System Mechanized Gang No. 943, Unit
"C", of which Claimant here was a
member and
assigned to,
were removed and assigned to another gang, thereby requiring Claimant to obtain
meals and lodging elsewhere. The claim is for reimbursement of the difference
between the amount paid Claimant by the Carrier ($7.00 per day) as provided for
in the Award of Arbitration Board 298, and the amount of the actual expenses
incurred during the first pay period of November, 1971.
A review of the claim before us indicates that similar claims on the
identical issue involving the same parties, similar factual circumstances and
involving the same rules were presented to the Board in Awards 19239 (Edgett)
and 19753 (Roadley).
We concur in the rationale expressed in Awards 19239 and 19753 and
find those awards to be controlling in this case. Therefore, we will deny the
claim.
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;
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;
Award Number 20075 page 2
Docket Number MW-20103
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST;
Executive Secretary
Dated at Chicago, Illinois, this 14th day of December 1973.
