NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26156
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Eastern Lines)
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 Mr. R. Landry for the expenses he incurred while performing relief
bridge tender's duties during August and September 1983 as itemized in his
Personal Expense Account forms dated September 15 and October 15, 1983 (System
File MW-83-132/406-12-A).
2. Mr. R. Landry shall now be paid $1,099.30 as reimbursement for
the personal expense he incurred during August and September 1983."
OPINION OF BOARD: Claimant was in furloughed status and performed extra work
relieving Bridge Tenders. On September 15, 1983, and
October 15, 1983, Claimant submitted for reimbursement for meals, lodging and
automobile expenses incurred in the performance of his various assignments.
The Carrier refused reimbursement.
The Organization argues that the Carrier violated Article 16, Section
12, paragraphs 2 through 7 which support reimbursement for mileage, lodging
and meals while doing relief work. As the Claimant was in furloughed status,
his only headquarters was the Divisional headquarters at Lafayette, Louisiana,
which was also his home. His movement to Baldwin, Bayou Boeuf and West Lake,
Louisiana to perform Bridge Tender relief work necessitated expenses which
were reimbursable under Article 16, Section 12 which reads in pertinent part
from various subsections that:
"When an employee performs relief service away
from his assigned headquarters at a location where
no living accommodations are provided by the company, the relief employee will be reimbursed for
actual necessary expenses for meals and lodging.
An employee who is required to use his automobile in the direction of Management between his
designated assembly point and the job site or
location of work, will be allowed the established
rate for actual miles traveled."
The Organization further notes that the Carrier was aware of Claimant's right
for reimbursement and informed him prior to his accepting the position that
his personal expenses would be reimbursed.
Award Number 26359 Page 2
Docket Number MW-26156
The Carrier argues that the Claimant was in furloughed status and
requested to perform extra work. Such work was available to relieve Bridge
Tenders on vacation or off due to illness. Claimant was therefore sent to
fill those positions at different locations. As such, he was not entitled to
claim expenses as herein disputed. In fact, his expenses from home to each
location of assignment is not Rule supported and as he was specifically recalled to work at each loc
for reimbursement under the circumstances at bar noting that "[t)here is no
rule providing payment of mileage between his home and his work site."
In the Board's review of Article 16, Section 12, paragraphs 2 through
7, we find no support for the Organization's Claim for reimbursement. Our
reading of sections pertaining to lodging, meals and transportation neither
supports the Claim, nor refers to the situation of a furloughed employee.
There is no evidence of record that Claimant's home could be or was designated
as an assigned headquarters. Organization's assertion that Claimant was instructed by a Carrier Offi
denied by the Carrier), does not rise to the level to overcome contract language. The Claim must the
recent Award involving similar issues and circumstances as in the instant case
(Third Division Award 26223).
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. Dever - Executive Secretary
Dated at Chicago, Illinois, this 8th day of June 1987.