NATIONAL RAILROAD ADJUSTMENT BOARD
- THIRD. DIVISION Docket Number SG-23181+
Martin F. Scheinman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE :
Southern Railway Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Railway Company et al:
Claim on behalf of the following signal employee for meal expenses
they incurred over the $9.00 daily maximum meal allowance arbitrarily set by
the Carrier.
Claim No. 1. Signalman S. A. Thornton - General Chairman file: SR-78
Carrier file: SG-3 .
Claim No. 2. Signalman R. C. Butts - General Chairman file: SR-76
Carrier fi e: SG-3 .
Claim No. 3. Signalman W. C. Burgess - General Chairman file: SR-73
Carrier file: SG-357.
Claim No.
4.
Si alman W. M. Robinson - General Chairman file: SR-72
Carrier file: SG-3
OPINION OF BOARD: This case involves the Organization's claim fir meal
expenses for several employee in excess of the $9.00
daily maxitmmm meal allowance set forth by Carrier. The Organization asserts
that employee are entitled, pursuant to Rule 12b, to receive "actual necessary
expenses". It insists that Carrier had no right to unilaterally establish
the $9.00 ceiling for expenses. In the Organization's view, employee are entitled
to receive "true, real or genuine expenses" incurred.
Rule 12b states, in pertinent fact:
"12b Employees covered by this agreement will be paid
actual necessary expenses for meals on each day which
the employee renders compensated service. Receipts
for meals will not ordinarily be required."
This precise issue, involving these same parties, was decided by this
Board in Award 23190. There, we determined that Carrier's imposition of a
$9.00 maximum did not constitute a violation of the Agreement.
Nothing presented here convinces us that our decision there was
palpably erroneous. In the absence of such proof, consistent with the time
honored rule of stare decisis, we will dismiss the claim in its entirety.
Award Number 23908
Docket Number SG-23184
Page 2
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and upon
the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employee 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.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NOTIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
BY.
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 8th day of June 19'2.
