NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number SG-25520
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Soo Line Railroad Company:
On behalf of Mr. G. L. Otterson, for expenses from December 20
through December 23, 1982, $51.65, incurred while working away from his
headquarters. [Carrier file: 900-19-69]"
OPINION OF BOARD: Claimant is a Signalman headquartered at Neenah, Wisconsin,
who was assigned to relieve the Signal Maintainer at
Waupaca, Wisconsin from December 20 through 23, 1982. He subsequently
submitted an automobile mileage expense account for thirty-five miles from
Neenah to Waupaca on December 20, 1982, and thirty-five miles from Waupaca to
Neenah on December 23, 1982, as well as for meals. The meal claim was for
lunch and dinner on December 20, 1982, three meals on December 21 and 22,
1982, and for breakfast and lunch on December 23, 1982. A specific sum was
shown for each meal.
The Carrier rejected the claim stating Claimant "stayed at his home
near Waupaca each evening and took his supper and breakfast at home" and
offered to pay the claim if resubmitted with the breakfast and dinner charges
deleted.
Rules 24 and 26 deal with hourly rated employes sent from their home
stations. Rule 24 applies to situations where the employe does not return to
the home station on the same day while Rule 26 applies to both one day and
longer assignments. The Rules provide in pertinent part:
"Rule 24. Actual expenses will be allowed when
away from home station if meals and
lodging are not provided by the railroad."
"Rule 26. Actual expenses will be allowed while
away from home station for not to exceed
twelve (12) days on any one vacancy."
The Organization relies on these Rules and has not denied Carrier's
contention that Claimant ate breakfast and dinner at home each day and used a
Company truck to and from work while relieving at Waupaca.
Third Division Awards have held the terms "actual expenses" requires
a Claimant be reimbursed for out of pocket expenditures only and not for "some
arbitrary figure to which he thinks he is entitled". (17536, 12120, 10923)
We conclude these principles apply here. The claim is denied to the extent
that it seeks more than reimbursement for the noon meal and mileage on the
days in question.
Award Number 26000 Page 2
Docket Number SG-25520
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 in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest*
Nancy X'-poer - Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1986.
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