(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when it failed and refused to reimburse Laborer R. L. Barber for meal expenses incurred during June, 1982 (System File 300-200/2573-A-298-MofW).

 (2) Laborer R. L. Barber shall be allowed $225.00 for June, 1982 meal expenses."

 OPINION OF BOARD: On July 26, 1982, the Division Engineer received Claimant's
 Expense Reimbursement Form covering lodging and meal expenses for June, 1982. Claimant requested accommodations. The Carrier disallowed Claimant's expense reimbursement request due to lack of lodging receipts. Claimant resubmitted the appropriate Form but it too was rejected because the attached lodging receipts were allegedly invalid. On Septem 1982, meal allowance amounting to $225.00. According to the Division Engineer, the third Form was untimely submitted. Rule 28(l)(a) bars claims filed more than sixty days from the date of the alleged Agreement violation.

 Tendering an Expense Reimbursement Request Form does not constitute a claim within the meaning of Article 28, Rule 1(a) even though the organization's General Chairman claim letter dated October 28, 1982. Claimant has not suffered any harm and the alleged breach of the Agreement does not occur unless or until the Carrier ultimately disallows some or all of the expenses. It is premature to characterize an Expense Reimbur sum requested. Thus, the denial of a request for lodging and meal allowances is the occurrence which ripens into a potential claim.

 While the instant Claim was timely filed, we also find that the Carrier never contested Claimant's request for a June, 1982, meal allowance. On each of the three Expense Reimbursement Forms, Claimant sought $225.00 for meals in accord with Article I, Section 1(8)(3) of the applicable Agreement. The Carrier did not, either on the property or before this Board, justify its refusal to promptly pay Claimant his valid meal allowance for June, 1982. See Third Division Award No. 24954.



                        Docket Number MW-25642


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.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:
        Nancy ver - Executive Secretary


Dated at Chicago, Illinois, this 24th day of April 1987.