(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claims of the General Committee of the Brotherhood
 of Railroad Signalmen on the Texas and Pacific Railway Company:

Claim of Signalman F. D. Randolph, Gang 1506, for reimburse
 ment of expenses while relieving Signal Maintainer at Addis from Septem
 ber 18 through 30, 1972. _
 /General Chairman file: 141. Carrier file: B 315-61/

Claim of Signalman F. D. Randolph, Gang 1506, for reimburse
 ment of expenses while relieving Signal Maintainer at Addis from Octo
 ber 1 through 13, 1972. _
 /General Chairman file: 141. Carrier file: G 315-63/

 OPINION OF BOARD: Claimant is the incumbent of a Signalman position
 on Gang 1506 which is headquartered at Addis,
 Louisiana. In September, 1972, he was taken from the gang and assigned
 to work the Addis Signal Maintainer position pending assignment of the
 successful bidder. He has filed expense accounts which Carrier has
 rejected, and bases his claim on~Rule 16 (a) of the Agreement. That
 Rule reads:



An important fact in this dispute is that the location of the temporary vacancy and Claimant's regular position were the same. Claimant maintains that he was able to work his regular position without incurring additional expens began and ended his work week at Addis but during the week often worked and stayed at locations remote from that point. His residence


is some distance from Addis and Claimant says that he was unable to protect the Signal Maintainer position without living in a motel nearby.

 There are two aspects of Rule 16 (a) which are of principal importance in this claim. The first of these is that the rule refers to an employee sent to fill a temporary vacancy. Claimant was not sent to fill a temporary vacancy, he filled a temporary vacancy which ex_ isted at his headquarters point. A reasonable interpretation of the meaning of the rule is that it is to provide for occasions when an employee assumes a temporary position other than at his headquarters. The second aspect of rule 16 (a) of primary importance here is its reference to actual necessary expenses. Undoubtedly one of the meanings to be placed on the use of the word necessary is that the service to which the employee has been :.ssigned has been the factor causing him to incur expense. Since Claimant was not sent to fill a temporary vacancy, but instead filled a temporary vacancy which existed at his headquarters point, it was not the service which he was assigned that made it necessary to occur expense, but instead it was some other factor. In this case, the other fa temporary vacancy at that point while residing at home. At least that i.s the Claimant's contention. It is not necessary for the Board to make a finding of fact on that point because within the context of Rule 16 (a; it is not material.

 The ruse does not take into account where an employee resides. The provision for expenses is predica fill a vacancy. This means that Claimant who :;as assip;ed to a vacancy at his re;;ular headquarters by that part of the rule which provides for "actual, necessary expenses while performing such service."

        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 wit the Railway Labor Act, as approved June 21, 1934;

 That thi3 Division of the Adjustment Board His jurisdicticn over the a,.spute involved herein) an
        l~!t the Agreement was not violated.

                  Award Number 20749 Page 3

                Docket Number SG-20605

                A W A R D


        Claim denied.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 20th day of June 1975.

 ate:
 i

            Dissent to Award 20749, Docket SG-20605


The Majority's play on semantics is so thin that it hardy deserves comment. Suffice it to say that we dissent.

                                    W. W. Altus, Jr.

                                    Labor Member


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