NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number SC-25218
Robert
W.
McAllister, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Burlington Northern Railroad:
On behalf of CTC Signal Maintainer G. D. Shrum, Kewanee, Illinois, for
$988.40 which was deducted from his claim for moving expenses.
(General Chairman file: C-82-2811
OPINION OF BOARD: This claim on behalf of G. D. Shrum is for certain moving expenses
involved in his move from Hannibal, Missouri, to Kewanee, Illinois.
The Claimant assumed his new duties as CTC Signal Maintainer on January 11, 1982.
Claimant moved his family to Kewanee on the weekend of February 13 and 14, 1982.
On March 18, 1982, Claimant submitted a statement of expenses for reimbursement in
the amount of $1,677.50. The Carrier reimbursed Claimant $689.10 for U-Haul rent
and fuel, auto mileage and transfer allowance. The remaining expenses incurred for
lodging, meals, commuting and house hunting between January 11 and February 11,
1982, were not reimbursed. The Carrier disallowed these expenses on the grounds
they were not required by the applicable agreements.
The Organization contends the Carrier should pay all the expenses claimed
pursuant to Rule 30 of the Agreement and Section 10(a) of the Washington Job Protection
Agreement- Rule 32 is not in issue as Carrier does not dispute its applicability,
including the $400 transfer allowance. Rule 10(a) states:
"Any employee who is retained in the service of any carrier
involved in a particular coordination (or who is later restored
to service from the group of employees entitled to receive
a coordination allowance) who is required to change the
point of his employment as a result of such coordination
and is therefore required to move his place of residence,
shall be reimbursed for all expenses of moving his household
and other personal effects and for the traveling expenses
of himself and members of his family, including living
expenses for himself and his family, and his own actual wage
loss during the time necessary for such transfer, and for
a reasonble time thereafter, (not to exceed two working
days), used in securing a place of residence in his new
location. The exact extent of the responsibility of the
carrier under this provision and the ways and means of transportation shall be agreed upon in advanc
carrier responsible and the organization of the employee
affected. No claim for expenses under this Section shall
be allowed unless they are incurred within three years
from the date of coordination and the claim must be submitted within ninety (90) days after the expe
incurred."
Award Number 25355 Page 2
Locket Number SG-25218
Having examined the above language, this Board notes that the organization
and Carrier are required to agree in advance of any move of residence the exact
extent of Carrier's responsibility. There is no evidence this was done in this
case. Secondly, we find the language relied upon by Organization not supportive in
that related expenses are limited to the time necessary for the transfer and a
reasonable time thereafter not to exceed two days. Clearly, Rule 10(a) does not
contemplate the expenses disallowed, and we hold the Carrier reimbursed the Claimant
those expenses due him under Rule 32 and Section 10(a), supra.
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 :=~y/ .~i~.(~/
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1985.