NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22411
George S. Roukis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the Agreement when it failed and
refused to reimburse Welder E. G. Saxton for noon day meal expenses
incurred while he was required to be away from his headquarters point
on October 1, 4, 5, 6, 7, 11, 12, 13, 14 and 15, 1976 LSystem File 1-9
(51)/E-381-9 E-381/.
(2) Welder E. G. Saxton now be allowed $15.00 ($1.50 for
each day) because of the violation referred to in Part (1) hereof."
OPINION OF BOARD: Claimant argues that when he was temporarily
assigned to perform welding work at Woodburn,
Kentucky, he incurred reimbursable noonday meal expenses on each
day of such assignment.
He contends that Appendix 21, paragraph 4 of the October 21,
1973 agreement which reads as follows applies to this particular fact
situation:
Paragraph 4 - "Actual expenses will be allowed the
occupants of the combination positions for
all time they are required to be away from
their headquarters point."
Carrier, contrawise, contends that since claimant's work
day on the claimed dates began and ended at his headquarters point
at Bowling Green, Kentucky, he was not entitled to noonday expenses.
Our careful review of the record, including a detailed
analysis of the events and understandings leading up to the adoption
of paragraph 4, indicates that this provision covers incurred
Award Number 22423 Page 2
Docket Number MW-22411
expenses only when the assigned employe remains away from his
headquarters point at the end of the work day. It was not
envisioned to reimburse employes for noonday meal expenses when
they began work at their
headquarters situs
dud then returned to
this location at the end of the day. In this
instance, claimant
both commenced and concluded his work assignment at his headquarters
point. It was not an assignment intended to be covered by paragraph 4.
As such, we must 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 Art, 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 ADJUSTHBNL BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of June 1979.