NATIONAL RAILROAD ADJUSTENT BOARD
THIRD DIVISION Docket Number SG-24297
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUT3:
(Southern Railway System
STATEMENT OF CLAM: "Claim of the General Committee of the Brotherhood of Railroad Signalme
On behalf of Signal Maintainer J. F. McClintock, Huntsville, Alabama,
for meal expense he incurred on January 19, 1980, in the amount of
$7.50,
while working off his assigned section."
(General (airman file SR-155. Carrier file SG-438)
OPINION OF BOARD: Rule 41 of the Agreement provides that when employes are
sent away from their assigned station or section on Company.
business, they will be allowed certain expense reinbursement. Specifically the
rule excludes application to Signal Maintainers while they are working on their
assigned section or territory, etc.
The Claimant asserts that he is assigned to a-specific signal
maintenance territory and he is held subject to call every other weekend, at
which time he protects his territory and approximately one-half (1/2) of the
territory adjoining his territory.
On the claim date the Employe was sent away from "his territory"
and he purchased a meal but the Carrier refused to reimburse him for it.
On the day in question the Employe was called to perform service
on the "adjoining" territory rather than on his own regular territory.
As we read the pertinent Agreement language it seems clear that the
Carrier has obligated itself to make certain compensations when an individual
is sent away from an assigned station or section or territory on Company business. This Employe was
The fact that it may have been an obligation to protect that territory on
certain weekends does not, as we read Rule 41, alter the fact that the Employe
was sent away from his normal area and under the circumstances we will sustain
the claim.
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:
Award Number 24427
Docket Number SG-24297
Page 2
That 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 violated.
Claim sustained.
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADTUSTAENT BOARD
By Order of Third Division
By
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.
/~ Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of June
1983.