NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-24032
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
Southern Railway Company
STATEMENT OF CIAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Railway Company et al:
On behalf of Leading Signalman J. G. Taylor, System Signal Gang
#1, for ninety (90) hours straight time lost account not being able to return
to work on October 15, 1979, because Carrier held up payment on his expense
account until October 29, 1979." (General Chairman file: SR-147. Carrier
file: SG-423)
OPINION OF BOARD: The claim is for time the Claimant lost because he allegedly
did not have the money to pay the expenses for travel to
his system signal gang worksite. The Claimant contends that his financial
distress was caused by the Carrier's unreasonable delay in reimbursing him for
expenses already incurred.
The expenses were incurred during the period August 16 through
September 15, 1979. Payment was made on October 29, 1979· The Claimant does
not contest the amount paid.
The material facts concerning the reimbursement process are brief and
not in dispute: The Claimant completed the required form on September 20. By
letter dated September 26, the Carrier advised him that certain listed expenses
were unauthorized and it asked him to remove them and return the form for
processing. A second incorrect submission was again rejected. The properly
completed form was received from the Claimant on October 19 and processed for
payment on October 22.
The Claimant blames the Carrier for unduly prolonging the reimbursement
process by failing to correct the form by a telephone call to the Claimant
instead of returning it to him by mail. The Carrier responds that the Claimant
himself was responsible for the delay in the first place by including, and then
failing promptly to delete, the unauthorized items.
On the facts as established in this record, responsibility for the
delay in receiving reimbursement, and for the financial hardship it may have
brought, cannot reasonably be attributed to the Carrier. Clearly, the Claimant
held up the processing of his request by failing without good reason to comply
promptly with the direction to perfect his reimbursement submission.
The evidence shows that the Carrier acted in normal and reasonable
course on each submission by the Claimant until the process was properly
completed. It would be unfair sad irrational to shift the blame to the Carrier
Award Number 23869 Page 2
Docket Number SG-24032
for a late processing caused by the Claimant's error.
The Board concludes that the claim is without support in the record
and cannot therefore be sustained.
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;
1!nat 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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
Y
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 13th day of May, 1982.
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