NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20522
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation Company that:
Mr. J. J. Gonzalez be allowed payment for mileage as claimed
for the period July 10 through July 21, 1972, 31 miles per work day at
eleven cents
(llc)
per mile for ten work days while relieving signal maintainer headquartered at Coyote, California
OPINION OF BOARD: Claimant was assigned to the position of Relief Sig-
nal Maintainer with headquarters at Santa Clara, California. For the period July 10 through July
the maintainer at Coyote, California and claimed mileage for driving his
personal car 31 miles per day to and from that assignment. The Agreement
contains the following rule covering such mileage allowances:
"RULE 73 - PRIVATE AUTOMOBILES. When employes are
requested and are willing to use private automobiles
for Company use, an allowance shall be made at the
rate of five (5) cents per mile."
Petitioner alleges that in accordance with long-standing instructions of Carrier, a relief signa
the headquarters of the signal maintainer he is relieving. It is also argued that a relief maintaine
Thus, authorization to use his own car was implied.
Carrier states that Claimant was instructed to use a company truck
for the required transportation and he did not follow the instructions. It
is categorically emphasized that Claimaut had no authority to use his own
car for the period involved.
The record contains no evidence or substantial information concerning the instruction or practic
merely a statement by a local Organization official, denied by Carrier.
For this reason the record does not establish the existance of any such
Award Number 20738 Page 2
Docket Number SG-20522
practice. The only rule in the Agreement dealing with mileage allowances
is Rule 73, supra, and it specifically provides that employes must be
authorized to use their private vehicles in order to secure the allowance.
There is no evidence in the record, and indeed no allegation, that Claimant was specifically authori
involved. We must conclude, therefore, that Petitioner has not established that there was any violat
be denied.
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 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 30th day ofNay 1975.