NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24651
Josef P. Sirefman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when members of Extra Gang 5533 were
not allowed mileage for the use of their automobiles on certain dates during
September and October, 1980 (System Files C#51/D-2480, C#53/D-2481 and C#55/D2483).
(2) As a consequence of the aforesaid violation the claimants shall be
allowed mileage as follows:
D. D. Peterson 254 miles @ 15¢ per mile
J. H. Ferrell 254 miles @ 150 per mile
D. R. Flor 254 miles @ 15¢ per mile
S. N. Kromarek 352 miles @ 15¢ per mile
W. D. Thompson 848 miles @ 152 per mile .
T. West 352 miles @ 15¢ per mile
T. M. Seymanski 352 miles @ 15¢ per mile
D. Shuck 254 miles @ 15¢ per mile
T. Bergquist 254 miles @ 15¢ per mile
D. Steckler 254 miles @ 15¢ per mile
J. Kromarek 254 miles @ 15¢ per mile
K. Kromarek 316 miles @ 15¢ per mile
R. Zacher 78 miles @ 15¢ per mile
R. Madler 254 miles @ 15¢ per mile
R. Tronstad 654 miles @ 15¢ per mile
C. Shepherd 404 miles @ 15¢ per mile
R. Duneman 454 miles @ 15¢ per mile
J. Mayo 254 miles @ 15¢ per mile
R. Hanson 254 miles @ 150 per mile
H. Tysver 36 miles @ 15¢ per mile
M. Xirschten 360 miles @ 152' per mile
OPINION OF BOARD: Claimants are members of Extra Gang 5533. During the period in
question they were not lodged in camp cars, but in the nearest
available lodging facilities to their work sites. The Organization contends that
"beginning on September 24, 1980, the claimants were required to travel on each
working day (in advance of and at the close of their regularly assigned work
period) between their assembling point and work point". In effect, the Organization
asserts that the lodging facilities became the assembling point, and that under
Rule 26(C)(5) the Claimants are entitled to mileage reimbursement for driving
their vehicles "between their lodging facility and work point-. The Carrier
contends that no rule requires the assembly point to be the nearest suitable
lodging facility or that an employe start and end their day at the lodging facility.
Moreover, in each instance involved here the Carrier designated an assembly point
other than the lodging facilities.
Award Number 25348 Page 2
Locket Number MW-24651
The Organization cites as support for its claim Third Division Award
23893 between these very parties concerning the application of Rule 26(C)(5) to
certain travel time claims. However, Third Division Award 23893 stated that "The
Board wishes to stress, however, that its findings in this case does not support
a general notion that lodging facilities other than those provided by Carrier are
always to be deemed designated assembly points. Had Carrier been successful in
demonstrating to this Board by way of probative evidence the existence of a designated
assembly point for the claim dates in question, we would have reached a very
different conclusion given the relevant language of the Controlling Agreement".
The record before this Board establishes that Carrier had indeed
designated assembly points for the times in question. Thus Award 23893 is not
applicable to this claim. Under these circumstances, as stated in Third Division
Award 23317 "paying claimant for his travel time would be like paying claimant
for time spent journeying between home and work which is clearly not contemplated
under the agreement. Third Division Award No. 22466". The Board holds that the
reasoning in Awards 23893 and 23317 is dispositive of the instant claim and that
the Carrier did not violate the Agreement.
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 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:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1985.