NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21156
William M. Edgett, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood, GL-7769,
that:
(1) Carrier violated the Agreement between the Parties when it
failed to reimburse Mr. J. T. Quinlan a mileage allowance of 10r, per mile
from his headquarters point to his assigned work location and return, on
July 7, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 1973 and all subsequent dates of record, and
(2) Carrier shall reimburse Mr. Quinlan amounts as claimed above
account his use of personal automobile on each date.
OPINION OF BOARD: Claimant was assigned to an extra board position which
had been bulletined with headquarters designated as
Pittsburgh, PA. On the dates of claim, he had been called to fill vacancies
at two towers located within the Pittsburgh city limits and one tower located
outside the city limits.
The &mployes object to Carrier's designation of the city of Pittsburgh
as the headquarters point. They ask the Board to find that DS office is claimant's headquarters poin
which established that office as a calling point and which clearly showed the
headquarters as Pittsburgh. Reliance on it is misplaced. The Employes also
rely on Award No. 20 of Public Law Board 789 for the proposition that a headquarters point must be r
road". If the award could be read to establish the point that a headquarters
point must be so narro*ly defined it would be in opposition to awards of this
Board and would not be held to be controlling. However, the point relied upon
by the Employes was not essential to the holding of PLB 789 and it does not
stand for the proposition that a headquarters point may not be co-extensive
with a terminal.
Essentially, that is Carrier's argument. It has designated its
Pittsburgh terminal as the headquarters point for the application of Rule 23.
It relies on the Rule and the practice which has been followed in administering
it. Carrier concedes that the application has not included the entire terminal
but has stopped at the bounderies of Pittsburgh. It acknowledges that the
assignment at Etna, PA. is outside the practice (and Pittsburgh). That part of
the claim will be sustained.
Award Number 21582 Page 2
Docket Number CL-21156
The Rule could stand additional clarifying language. The record
before the Board supports Carrier's assertion that the parties' practice
has been to designate Pittsburgh as the headquarters point. We will sustain
the claim as to the assignment at Etna., PA. only, based on the Rule and the
practice which the parties have followed.
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 claim should be sustained to the extent described in
the Opinion.
A W A R D
Claim sustained as to the assignment at Etna, PA. The remainder
of the claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
6
Executive Secretary
Dated at Chicago, Illinois, this 17th day of June 1977.