NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-25933
Eckehard Muessig, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
"(a) Carrier violated the current Signalmen's Agreement, particularly Rule 41, when they refused
actual necessary expenses for lodging between April 15, 1983 and May 15, 1983
when he was sent away from his assigned headquarters point at Anniston, Alabama to work in the Chatt
(b) Carrier should now be required to reimburse claimant for
$113.62, the part of the actual necessary lodging expense the Carrier refused
to pay claimant, plus 1 1/2% interest per month from May 15, 1983 until claim
is paid or allowed.
[Carrier file SG-577. General Chairman's file SR-314]"
OPINION OF BOARD: This Claim came about after the Carrier notified the
Claimant that he was expected to share a double occupancy
hotel room with a fellow employee. The Claimant, however, selected a single
occupancy room and the Carrier reimbursed him for an amount equal to one-half
the double occupancy rate rather than the amount the single room had cost him.
The Claimant now seeks reimbursement for "actual necessary expenses" while
away from his assigned headquarters point.
There is no dispute that Rule 41 is controlling in this case. What
is in dispute is the construction of that portion of the Rule which reads:
"Except as * * * , they will be allowed actual necessary expenses."
The Organization, in its well-reasoned Submission and forceful arguments before this Board, main
no provision that an employee assigned to a station job (as the Claimant) must
share a room with another employee when sent away from his assigned duty
station. It argues that the Carrier did not furnish a room. Rather, the
Claimant rented the room and paid for it from his own funds. The Carrier then
was responsible for paying for "actual necessary expenses," pursuant to the
provisions of Rule 41.
The Board has thoroughly considered the complete record properly
before us and while the Organization's contentions are not without considered
merit, we find that the Carrier's determination was correct. Absent contractual constraints, the Car
of conducting its business and to control its expenses. Rule 41 speaks in
terms of "necessary expenses." Accordingly, while we understand the Claimant's desire not to share a
expenses. The record does not warrant our finding a "necessity" for indivi-
dual rooms.(See also Third Division Awards 24139, 20619).
Award Number 26406 Page 2
Docket Number SG-25933
For the foregoing reasons, the Claim is denied.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and upon the
whole record and all the evidence, finds and holds:
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 13th day of July 1987.