PARTIES TO D:
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
William M. Edgett,
Referee
{American Train Dispatchers
Association
(Burlington Northern Inc.
Award Number
2250
racket Number TD-22384
OF CLAIM: Claim of the American 'rain Dispatchers Association
that:
(a) Burlington Northern Inc. (hereinafter referred to as
"the Carrier"), violated the effective Agreement between the parties,
Article 21 thereof in particular, when it refused payment fox expenses
incurred on June 14, 18 and 19, 19?6, as submitted by Claimant F. E.
Putnam of the Missoula train dispatching office.
(b) For the above violation, the Carrier should now compensate Claimant Train Dispatcher F. E, Putnam in the amount of $141.62
fox expenses incurred on the above rationed dates.
OPINION OF BOARD: Claimant was directed to appear far an investigation
at same distance from his headquarters. He incurred
travel expenses and seeks reimbursement under Rule 21 which reads:
"ARTICLE 21
AWAY FROM HEADQUARTERS.
Each regular assigned dispatcher shall be assigned to
established headquarters in accordance with seniority
provisions amt, when required by the Company to leave
such headquarters, shall be paid necessary actual
expenses, in addition to compensation provided for in
this agreement, while away,"
Carrier denies that it eras necessary to incur expenses and
while that point-is well taken in part, it does not dispose of expense
which was necessary. Carrier defends against that expense by reliance
on the principle of mutuality of interest which has been cited in a
nemutyer of cases
by the
Divisions of this Board and by Public Law
Boards. Public Law Board 300 interpreted a provision this Organization
had entered into with another Carrier which is very close to Article 21.
Award Number 22506 Page 2
Docket Number TD-22384
It held that:
"When Claimant is being called as a principle (SIC)
that there is a actuality of interest and therefore
Claimant is not entitled to compensation."
There are a number of awards with the same holding. Its fact,
the Board has not been cited to a contrary holding. The interpretation
has been consistent, and under well settled principles should be
followed by this Board unless palpably wrong. The Board cannot say
that the principle of mutuality of interest, as it has been applied
to the her .of investigation, is palpably wrong. Therefore, it
is obliged to apply it here.
Claimant when called as principle to an .investigation under
the parties` Rule 24 was not entitled to payment of his expenses under
Rule ?.1.
FINDIMS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds;
That the parties waived oral hearing;
'.teat the Carrier and the Employes involved in this dispute
are respeotfvely,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:-"
...l.- Gc~le'`lr'''~
....,-
Executive Secretary
Dated at Chicago, Illinois, this 17th day of September
1979.