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                      THIRD DIVISION Docket Number MW-23453


                          Herbert Fishgoldj, Referee


      (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Joist Terms Division of Fort 'north and Denver Railway Company ( Qiicago.9 Rock Island and Pacific Railroad Company


      STATE24ENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:


      (1) The (terrier violated the Agreement when it allowed the

      members of B&B-Gang No* 2 s daily meal allowance of either $3.20 or $3,50

      per day instead of a daily meal and 1 allowance of either $11,20 or

      $12.25 per day (System File- - 81,jd W-29 .


      (2) Messrs. B. L. Carry, T. W. Harris, T. Madden, 24. A. Whiseneaty J. ?C. McDonaldj, R. Green and other members of H&3 Gang not listed or hired during the claim period each be allowed an additional $8.00 per day beginning November 1e 1978 and an additional $8.75 per day beginning July h 1979 because of the violation referred to is Part (1) hereof."


        OPINION OF BOARD: Claimants were members of traveling B&8 Gang No* 2o which

        was headquartered in an outfit car furnished by the Carrier

        during the period of this claims beginning November 1, 1978. On November 1,,

        1978 the effective date of this claim, the claimants' bunk car X306 was sta

        tioned at T:mbalh Texas during a work project. Members of 9&B Gang No. 2

        were provided with cooking and eating facilities, without a cooks and., pur

        suant to Rule 33,, paragraph 6o each employs received $3.20 per day meal allow

        ance. On December 10,, 1978, car X306 was moved to Teague, Texas for a work

        project and car X306 remained there until February 15, 1979. Thereafter

        B&B Gang No. 2 was assigned car X309, which has been with the gang since that

        date.


        The Organization claims that pursuant to the provisions of Article 33 - Outfit Cars Lodgings Ideals paragraph 1 requires the Carrier to provide outfit cars meeting certain standards with regard to cooking eating lodging and sa='-tary facilities. Citin X306 including the lack of adequate lodging and cooking facilities suitable for habitation or cooking.. as well as unsanitary water facilities, the Organization maintains that pursuant to paragraphs 4 and 7 of Article 33,, the Carrier must pay a $6.40 lodging allowance effective November 1, 1979, and $7.00 effective July 1. 1979 and a $4.80 meal allowance effective November 1, 1978 and $5.25 effective July h 1979 as amended by Article IX of the October 30, 1373 Mediation Agreemeat. Such payments are requested by the Organization until such time as the Carrier corrects the cited deficiencies is the outfit car.

                Award Number 23833 Page 2

                _ Docket Number MW-23453


The Carrierj, on its party maintains first that it properly compensated claimants under the provisions of Rule 33, paragraph 6j, which provides that "if the Company provides cooking and eating facilities ... but does not furnish shall be paid a meal allowance of two ($2.00) per day." This $2.00 allow
 ance was increased to $3.20 effective November 1, 1978 and was paid to the
 claimants., and was further increased to X3.50 effective July 1, 1979. The
 Carrier further argues that the claim should be restricted to the period
 running from November 1., 1978 (the retroactive effective date of the cilia)
 to February 15j, 1979, when the B&B Gang was assigned to car X309 is place of
 car X306.
 The issues thus, is whether claimants are entitled to a daily meal
 and lodging allowance of either-$11.20 or $12.25 per day as provided in Rule 33,
 paragraphs 4 and 17j, or, as alleged by the Carrier,, that claimants are properly
 compensated at $3.20 or $3.50 per day as provi&ia-in-Rul& 33, paragraph 6.
 user Rye 33, paragraphs 1 and 2 of the Agreement,, Carrier has
 agreed to provide outfit cars equipped or furnished so as to provide adequate
 cooking, eating and lodging facilities in sanitary condition. Throughout the
 handling of the claim on the property the Organization contended that the
 outfit car involved did not meet the provisions demanded of the rule. The

record afPirmative7,y shows that Carrier agreed claimants were entitled to a v

daily meal allowance of $3.20 effective November h 1978 since the cooking
 and eating facilities were provided without a cook. Hocreverj, Carrier's only
 defense on the property was a general denial of any failure to provide adequate
 and sanitary cooking eating and lodging facilities. Indeed, the Carrier merely
 concluded that:

        "Based upon the facts the claims as presented for the named members of Extra Gang No. 2 draw no support from existing rules or agreements and are declined is their entirety."


In its submission to the Boards Carrier asserted various other defenses but which the record affirmatively shows were not raised during the handling on the property. It is well established that issues and contentions raised for the first time before the Board will n
We cannot accept the Carrier's conclusion that claimants' entitlement under the provisions of Rule 33 be limited to the meal allowance under Paragraph 6. In light of the Organization's detailed listing of deficiencies in car X306 we find that Carrier did not provide the necessary cooking.. eating and lodging facilities specifically required by Rule 33, paragraphs 4 and 7j, which constituted a breach of the Agreement by the Carrier.
              _ Award Number 23833 Page 3

                      Docket Number MW-23453


Having so concluded, however, we also find, as the Carrier argued, that the payments should be limited to the period running from November 1, 178 to February 15, 1979, the tame during which the gang used car X306, and after which they were assigned to car X309. In this regard, we note that neither the Organization or claimants made any issue of the conditions of car X309, and therefore, the continuing claims must cease as of February 15, 1979. Accordingly, the claimants are entitled to receive the difference between $11.20 (the sum of the daily meal and lodging allowances effective November 1, 1978 under Rule 33j, paragraphs 4 and 7) and $3.20 (the sum of the daily meal allowance paid by Carrier under Rule 33, paragraph 6 effective November 1, 1978), or $8.00, for the period from November 1, 1978 to February 15, 1979·

 Inasmuch as the claim has been decided on the merits as set forth above, we find that there is no need to reach the procedural issues raised.

 We conclude that claimants are entitled to receive as additional $8.00 per day in meal and lodging allowances from November 1, 1978 to February 15, 1979.

        FIrDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, firms and holds:


        That the parties waived oral hearing;


That the Carrier and the 'Ahployes involved in this dispute are respectively Carrier and Buployes within the meaning of the Railway Labor Act, as approved June 21, 19341

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                          A W A R D


        Claim sustained in accordance with the Opinion,.


                                NATIONAL RAILROAD AATUSgfENT BOARD

                                By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

    BY oo0'Posemqrie Breach - Administrative Assistant


    Dated at Chicago, Illinois, this 26 th day of hlarah 1982.