NATIONAL RAILROAD ALi7USTMENT BOARD
THIRD DIVISION Locket Number SG-24717
Edward L. Suntrup, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chesapeake and Ohio Railway Company
( (Pere Marquette District)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Pere Marquette District of the
Chesapeake & Ohio Railway Company:
(a) Carrier violated the parties' Signal Agreement, as amended,
particularly Rule 209, when on February 5, 1981 S&C Supervisor J. W. Lindstrom
refused Claimant's X-28 Expense Report claims of January 15, 1981 asserting "Meal
expense is not allowed when working at headquarters".
(b) Carrier should now be required to compensate Claimant J. F. Turnwald,
C&O ID No. 2478557, $7.10 and P. H. Franzel, C&0 ID No. 2613649, $6.75 both
amounts reimbursable as a result of Carrier requiring Claimants to work overtime
on Thursday evening, January 15, 1981. (General Chairman file: 81-4-PM. Carrier
file: SG-622)
OPINION OF BOARD: This is a claim initiated by the Organization by letter
dated February 10, 1981, for meal reimbursement by
reference to current Agreement Rule 209 when the t%o (2) Claimants, J. F. Turnwald
and P. H. Franzel, worked overtime on January 15, 1981 on a switch machine at Washington
Street Interlocker, Saginaw, Michigan. Claimants are members of the Maintenance
Force Headquarters located in this city.
Rule 209 reads as follows:
"Hourly rated employees performing service requiring them to
leave and return to home station on the same day will be paid
continuous time, exclusive of meal periods except as provided
by Rule 201 (e), from time reporting for duty until released
at home station. Except as provided by Rule 906, time spent
in traveling or waiting shall be paid for at straight time
rates. This rule will also apply to an employee who has not been
released from service to rest at a point away from home station
and whose return trip runs beyond midnight or into the next calendar
day. These employees will be allowed actual expenses except for
the cost of noon-day meal."
Since this rule deals with employees who work away from their home station, the
instant case centers on whether this condition was met or not by the Claimants
when they worked overtime on the date in question.
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Award Number 24775
Docket Number SG-24717 Page 2
A review of the record shows that the pork done by the Claimants took
place only some 400 to 500 feet from the home station where they were headquartered.
It is the judgment of the Board that it is unreasonable to interpret such a
circumstance as implying that the Claimants here corking away from their home
'station. Further, Rule 209 also contemplates "actual expenses except for the
cost of a noon-day meal" for employees who have "not been released from service
to rest at a point away from home station and when return trip runs beyond
midnight or into the next calendar day". Thus even if the Claimants' "return
trip" here could be interpreted to mean only several hundred feet, which
interpretation the Board has not sustained, the Claimants actually ate the
meals in question at 8:30 p.m. Thus they did not additionally fulfill the time
requirements for reimbursement under the rule. Lastly, the caption of Rule 209
states: Leaving and Returning to Home Station Same Day. Normal rules of contract
construction themselves could imply that this caption does not cover the
circumstances of the case at bar.
The Board rules, therefore, that there was no
contravention of
current
Agreement Rule 209 when the Carrier refused to honor the X-28 expense forms
which the Claimants turned in on February 1, 1981 for reimbursement for the
amounts asked for in the Statement of Claim.
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;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and gnployes 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: 44 ~
Nancy J. lv~^r - Executive Secretary
. r
~1 r
Dated at Chicago, Illinois, this 13th day of April, 1984