NATIONAL RAILROAD
ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19956
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Louisville and Nashville
Railroad Company that:
Carrier did not compensate Assistant Signalman K. P. Waddle for
meal expenses incurred in February and March, 1971, in accordance with
provisions of Appendix M, Rule 59, paragraph 2.
Carrier should pay to Assistant Signalman K. P. Waddle the amount
of $8.75 for meals taken February 5, 8, 12, and 19, 1971. Carrier should
also pay to K. P. Waddle automobile mileage expenses incurred in connection
with obtaining meals totaling 211 miles @ .09 or $18.99.
LCarrier's file: G-381-2; G-381/
OPINION OF BOARD: Claimant was a member of Division Signal Gang No. 14.
During February and March 1971 this Gang was located
in camp cars in an isolated area in Kentucky. There was no cook assigned
to this Gang and Claimant had to travel to the nearest restaurant for meals.
The Claim herein related to four meals which were not reimbursed by Carrier
as well as for mirage. The language of Revised Rule 59 (Appendix M) of the
Agreement provides for reimbursement for meals when no cook is furnished to
a crew in camp cars.
The meal allowance denial for the four days related to Carrier's
position that Claimant was late to work on one day and hence should not
have been reimbursed for breakfast and on three other occasions the meal
reimbursement was for a Friday night when Claimant left work early, by
permission, to go home for the weekend. Without determining whether or
not Claimant could have been at his home after driving 140 miles for dinner
it is undisputed that the employees worked longer hours during the week in
order to leave work a few hours early on Friday night. The clear and unambiguous language,of Rule 59
of the meal expense under the circumstances involved herein.
With respect to the claim for automobile mileage, Claimant contends that it was necessary to use
Award Number 20335 Page 2
Docket Number SG-19956
available and could have been used for this purpose. The record contains no evidence that the em
the Company truck for this purpose. Under such circumstances, we find the
claim for automobile mileage was appropriate and should have been honored.
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;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
A W A & D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
164
Dated at Chicago, Illinois, this 31st day.of July, 1974.