NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24715
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Escanaba and Lake Superior Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) (a) The Agreement was violated when the Carrier failed
and refused to allow Messrs. C. Ahlskog, D. Latvia,
F. Barron and B. Latvia time for traveling between their
home station (Ontonagon) and Amass on either and/or
December 11, 12, 13, 15, 16, 17 and 18, 1980
and
(b) The Agreement was further violated when the
claimants were not paid mileage allowance for the
use of their personal automobiles therefor (System
File ELS-1715).
(2) The claim as presented in a letter dated February
13, 1981 by General Chairman W. C. Jorde shall be
allowed as presented because General Manager John Larkin did
not give reasons for his declination thereof dated July 24,
1981.
(3) As a consequence of either or both (1) and/or (2) above
'Carl Ahlskag, Dave Latvia, Fred Barron and Bill Latvia
for compensation at the named claimants applicable
overtime rates of pay for time expended in traveling between
claimants' headquarters in Ontonagon, Mi. and the work
location at Amass, M1. for the following daLES and times:
Carl Ahlskog: Driving on December 11, 12, 13, 17, 1980, for
a total of 864 miles and seventeen (17) hours expended in
travel during the recognized overtime hours.
Dave Latvia: Driving 216 miles on December 18, 1980, expending four (4) hours traveling during t
overtime hours.
Award Number
24037
Docket Number MW-24715
Fred Barron: Driving on December
16
and
17, 1980
for
a total of 432 miles and expending eight
(8)
hours in
traveling during the recognized overtime hours.
Bill Latvis: Driving on December 15 and
16, 1980,
for
a total of 432 miles and expending eight
(8)
hours
traveling during the recognized overtime hours.'"
Page 2
OPINION OF BOARD: In this docket, the Carrier has failed to file an ex parte
submission and failure to do so leavPS the position and
assertions of the Organization, which adequately support the claim, unchallenged
and uncontroverted. The claim, therefore, must be sustained. (Awards
14891,
24020 and 24021)
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and hobs:
That the parties waived oral hearing;
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 19345
That this Division of the Adjustment Bard had jurisdiction over t4
dispute involved herein; and
That the Agreement was violated.
Claim sustained as presented.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
BY _ /,. . "' 14
Rosemarie Brasch - Administrative Assistant
~'CO
o office
NATI NAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois this
~~
y~i3,.T
of =;o·re caber 12.