(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(The Chesapeake and Ohio Railway Company

(Northern Region)


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

 (1) The Agreement was violated when the members of Crossing Gang 1939 were not paid the per diem allowance provided for in Agreement Rules 51(d) and 51(e) during the period April 4, 1983 to May 16, 1983 (System File C-M-1642/MG-4034).

 (2) Messrs. D. Taylor, R. Hallada, L. Edsall, J. Gardner, F. Hall, F. Soto, F. Guinn and T. Herrmann shall each be allowed the difference between what they should have been allowed at $20.00 per day [Rules 51(d) and 51(e)] and what they were allowed as meal expense [$8.25 per day - Rule 51(e)] for each day within the period extending from April 4, 1983 to May 16, 1983."

 OPINION OF BOARD: Claimants are members of Crossing Gang 1939 working out of
 Muskegon, Michigan. Gang 1939 is customarily supplied with a camp car. Carrier made the car available on April 4, 1983. Organization . contends that the car was not fit for habitation until May 16, 1983. Claimants were paid a $8.25 per filed that was denied at each step in the procedure and appealed to this Board for resolution.

 This Board has reviewed the facts of this case and must conclude that Carrier is not required to pay Claimant a lodging allowance.

 At the outset, it is clear that if camp cars are not provided, Rule 51(d) requires Carrier to reimburse employes for the actual reasonable expense of lodging. It does not state that if Claimants chose to sleep at home, they will be paid an allowance. An allowance is only paid when employes spend money for lodging in lieu of Carrier supplying a camp car. Given this fact, it is this Board's opinion that in spite of the poor conditions of the camp car in question, Carrier is not obligated to pay a lodging allowance since all employes listed in the Claim stayed at home.



                        Docket Number MW-25877


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 er - Executive Secretary

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