NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 26421

THIRD DIVISION Docket Number MW-25867

Rodney E. Dennis, Referee

(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 refused to reimburse Machine Operator G. L. Burks for the expenses he incurred during February and March, 1983 as itemized in his Personal Expense Account form dated March 15, 1983 (System File Mw-83-72).

(2) Machine Operator G. L. Burks shall now be paid $40.42 as reimbursement for the personal expe 1983."

OPINION OF BOARD: Claimant was called to work on a relief position on the
backhoe at Kirby Yards. He drove his own car to work each
day and submitted a personal expense account. He also included the cost of a
commercial driver's license as part of his expenses. The total request was
for $40.42. Carrier denied the request.

This Board has reviewed the record of this case and has concluded that the Agreement supports payment of one-half of the claimed amount, to wit, $20.21.

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.

Award Number 26421 Page 2

Docket Number MW-25867

A W A R D

Claim sustained in accordance with the Opinion.

NATIONAL RAILROAD ADJUSTMENT BOARD

By order of Third Division

Attes_
Nancy ver - Executive Secretry

a

Dared ar_ Chicago, Illinois this 24th day of August 1987.