NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-25764
Hyman Cohen, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Missouri Pacific Railroad
Company that:
[Claimant is Signalman H. L. Whitfield]
(a) Carrier violated the letter of understanding which provides
Actual Necessary Expenses for employes assigned to Camp Car Gangs without
Camp Cars, when it unilaterally deducted (out of first period May 1983 of
claimants pay) $56.50 from second period February 1983, and $74.45 for the
month of March 1983, from claimants (sic) Motel lodging expenses.
(b) Carrier should now be required to reimburse claimant the
$130.95 that he paid out of his own pocket (with personal funds) for these
Actual Necessary Expenses for lodging.
(c) Carrier violated the letter of understanding which provides
Actual Necessary Expenses for employes assigned to Camp Car Gangs without
Camp Cars, when it unilaterally deducted (out of second period May, 1983 of
claimants pay) $81.87 for second period of April 1983, from claimants (sic)
Motel lodging expenses, account he did not share a room.
(d) Carrier should now be required to reimburse claimant the
$81.87 that he paid out of his own pocket (with personal funds) for these
Actual Necessary Expenses for lodging the second period of April 1983, as
consequence of the violation. Paragraphs (a) and (b) are under General
Chairman file 83-12-UL, (c) and (d) General Chairman file 83-23-UL. Carrier
file X 225-954 covers them a11.
OPINION OF BOARD: The Claimant is employed by the Carrier as a Signalman.
At the time of the events giving rise to the instant
claim, he was assigned to a gang which stays in a Motel during the workweek.
In this case, the Claimant seeks reimbursement for lodging expenses constituting the difference betw
times in February, March, and April, 1983.
The Carrier's policy on the sharing of rooms has not been rigidly
enforced when gang members elect to incur the additional cost of private
rooms. Moreover, when there is an odd number in the gang, the Carrier's
policy is to permit only the Foreman to have a private room, the cost of
which is fully reimbursed by the Carrier.
Award Number 25616 Page 2
Docket Number SG-25764
The record warrants the
conclusion
that the Claimant was required
to stay in a private room because of the failure of the Carrier to rigidly
enforce its policy on doubling up. Had it done so, the other members of the
gang would have been prohibited from electing to stay in a private room. As
a result, the Claimant had no alternative but to also stay in a private room.
There is nothing in the record to cast doubt on the Claimant's credibility
with respect to wanting to double up. In February and March, 1983, none of
the other crew members "wanted to double up" with the Claimant. For the
second half of April, 1983, a Gang member who usually shares a room with the
Claimant checked into a private room and, according to the Claimant, said
nothing about doubling up. The failure on the part of the Claimant to ask
the Gang member in April, 1983 to share a room does not lead to the inference
that the Claimant elected to stay in a private room. Under the circumstances,
and given the Company's relaxed policy on doubling up, which was known to the
Gang member, there is no requirement imposed.upon the Claimant to ask a crew
member to double up, when the crew member has already exercised his option to
check into a private room. It is important to point out that the Claimant
must rely on considerations other than the policy of the Carrier in requesting members of a Gang to
circumstances, it would have been unreasonable for the Claimant to have asked
the Gang member to share a room with him in April, 1983. Clearly, the
Carrier has the means to avoid such situations from arising in the future.
Accordingly, the Carrier is required to reimburse the Claimant for lodging
expenses, amounting to the difference between a shared room and private room
for the various dates of February, March and April, 1983.
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 violated.
A W A R D
Claim sustained.
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NATIONAL RAILROAD ADJUSTME BOARR
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By Order of Third Div.si
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Attest:
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Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 19th dAy of September 1985.