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NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 22977
THIRD DIVISION Docket Number MW-22172
Dana E. Eischen, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF ChAIM; "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when Welder Helper E. A. White's
claim for reimbursement of the mileage and meal expenses he incurred on
May 19, 20, 21, 22, 27, 28 and 29, 1975 was disallowed 5System File 12-35
(76-14) J3/C-4 (17) - EAW/
(2) As a consequence of the aforesaid violation, the Carrier
shall now reimburse Claimant White for the meal expense ($17.25) and mileage
($105.60) incurred by him during the period from May 19, 1975 through
May 29, 1975."
OPINION OF BOARD: Claimant, Welder Helper E. A. White, was regularly
assigned as a Welder on Carrier's Floating Welding
Force No. 9207, headquartered at Abbeville, South Carolina. A temporary
position of Welder Helper on the Stationary Welding Force 8574 at Rockmart,
Georgia, was advertised on March 28, 1975, with the bulletin period expiring
on April 17, 1975. Claimant was the senior bidder for this position and
assignment bulletin was issued on April 28, 1975, assigning the position
to him effective May 12, 1975. He requested to be on vacation the week of
May 12 through 16 and was permitted to do so.
Thereafter, in accordance with Carrier's instructions to continue
working as a Welder on Welding Force No. 9207 until bulletin could be posted
and assignment could be made to get a replacement for Claimant on the Welder's
position, Claimant traveled in his personal automobile from the headquarters
of Force No. 8574 at Rockmart, Georgia, to Abbeville, South Carolina-a distance of 220 miles. He pro
22, 1975. On May 27, 28 and 29, 1975, Claimant was again required to work
as a Welder with Force No. 9207. In fact, Claimant continued to work as a
Welder in Force No. 9207 until June 23, 1975. At that time, another Welder
was assigned to the Floating Gang and Claimant assumed his duties as a
Welder Helper on the Stationary Gang at Rockmart. It is noted that Claimant
was compensated as a Welder
(the higher
rate of the two positions at issue)
during the entire time, May 19-June 23, 1975.
Award Number 22977 Page 2
Docket Number MEd-22172
On July 8, 1975 Claimant submitted on Forms 322 and 325 claim for
expenses for the period of June 9 through June 17. On August 21, 1975
Claimant submitted claim for expenses for the period June 2, 1975 through
June 5, 1975. Both claims were approved by Carrier. On August 25, 1975
Claimant submitted Forms 322 and 325 to Division Engineer Low requesting
reimbursement for expenses incurred during the period May 19 through
May 29, 1975. Carrier's Division Engineer declined payment of those claimed
expenses in a letter dated September 11, 1975, on the basis that Claimant
was being retained by Carrier on his former assignment (on the Floating Gang)
and was not entitled to expenses as if he were assigned to Force 8594.
The letter stated in part:
"It is our policy to retain an employee on his former position
for a reasonable period of time pending the issuance of a
bulletin advertising the job and the assignment of a replacement.
The week that you were on vacation and the two weeks thereafter
that you were held as a Welder on Force 9207, is definitely
a reasonable period of time and, for that reason, you are not
entitled to reimbursement for mileage or personal expenses.
You previously claimed $2.00 per day Meal Allowance for this
period and were paid for it."
A formal claim on behalf of Claimant was presented to Carrier on
November 10, 1975. At this point it is important to note we find the claim
was timely filed, despite Carrier's protestation to the contrary. We find
no merit to Carrier's assertion that a "claim" for actual travel expenses
constitutes a "claim or grievance" in accordance with Rule 40 of the
Agreement. The occurrence precipitating the instant grievance was the
September 11, 1975 denial of Claimant's request for reimbursement. This
grievance was timely filed under Rule 40. Therefore, we find the present
claim is not barred under the time limits of Rule 40.
The Organization argues that since Claimant was assigned to
Rockmart as of May 12, he is entitled to expenses incurred as if he were
headquartered there from May 12 forward. Carrier counters that absent
contract limitation on the time within which an employe must be released
to a new position, the rule of reason must apply. Carrier maintains that
two weeks is a reasonable amount of time to retain an employe on his old
position, and therefore, Claimant is not entitled to expenses incurred as
if he were transferred. Carrier further asserts that approving expenses
claimed from June 2 to June 23, does not constitute an admission-against
interest which consequently entitles Claimant to expenses incurred prior
to that date.
Award Number 22977 Page 3
Docket Number 24W-22172
We do not find persuasive the Organization's argument that
Award 20861 is "foursquare" with the present issue. In the former case,
the Claimant was required to remain in his old position at a lower rate of
pay--after bidding into and being assigned to a higher paying position.
Carrier was required by the Award to compensate the Claimant for the
difference in pay received at the old position and what he would have
received if allowed to occupy the new position at the time of assignment.
By contrast, in the instant case, Claimant bid into a lower paying
position, yet properly received the higher rate of pay the entire time
he continued to occupy his old position at Carrier's request. Absent
evidence on the record that Carrier had been reimbursing Claimant's travel
expenses prior to his assignment to Stationary Force No. 8574, we do not
find persuasive the Organization's argument that Claimant, by continuing
to protect his old position as Welder suffered a loss from "out-of-pocket"
expenses. We find that in the facts of this case two weeks was not an
unreasonable period to hold Claimant in his old position. See Awards
3-5941, 3-13319, 3-19380. Further, acceptance of claims for expenses as
if he were transferred to the new position from June 2 through June 23
does not obligate Carrier to do so in the first two weeks of protecting
his old position. Accordingly, the claim is 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 tabor
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 29th day of September 1980.