Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26849
THIRD DIVISION Docket No. MW-26153
88-3-84-3-546
The Third Division consist~d of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(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. J. T. Shortnacy for the personal expense he incurred as a result
of his assignment to perform relief service at the Switch Panel Plant in
Houston, Texas from October 16 through 31 and November 9 through 28, 1983
(System Files MW-84-21 and MW-83-133).
(2) Claimant J. T. Shortnacy shall be reimbursed $614.59 for the
expense he incurred from October 16 through 31, 1983 and $674.54 for the
expense he incurred from November 9 through 28, 1983 for a total of $1,289.13."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The relevant facts of the instant claims are not in dispute. Claimant, with seniority as a Machi
service at Carrier's Houston, Texas, Switch Panel Plant. The periods of
service extended from October 16 to 31 and November 9 to 28, 1983. During
this time Carrier provided no living accommodations. Claimant either traveled
to the work site from his home in Del Ville, Texas, in his personal vehicle,
or he sought lodging in a motel near the work site.
Thereafter, Claimant submitted an expense account to Carrier, which
Carrier declined. As a result, on December 2, 1983, the Organization filed
the instant claims alleging that Carrier improperly failed to reimburse
Claimant for his expenses. Carrier timely denied the claims. Thereafter, the
claims proceeded in the usual manner on the property. They are now before
this Board for adjudication.
Form 1 Award No. 26849
Page 2 Docket No. MW-26153
88-3-84-3-546
The Organization asserts that Carrier violated Article 16, Section
12, when it failed to reimburse Claimant for expenses incurred while on relief
service at Carrier's Houston, Texas, Switch Panel Plant. As no accommodations
were available to Claimant at Houston, and Carrier did not designate headquarters for Claimant, it i
such, the organization asserts that under Article 16 Claimant is entitled to
reimbursement for expenses incurred while performing "relief services away
from his
...
headquarters."
Additionally, the Organization urges that if Claimant's initial point
of return to temporary service, Porter, Texas, was designated as his headquarter, Claimant would sti
which provides that Carrier cannot relocate headquarters more frequently than
"once each 60 days and only after at least 15 days' written notice." For the
foregoing reasons, the Organization asks that the claims be sustained.
Carrier, on the other hand, argues that its denial of Claimant's
expenses was proper. Carrier maintains that inasmuch as Claimant was recalled
from furlough status to perform service at Carrier's Houston Switch Panel
Plant, this was his headquarters. As such, it is Carrier's position that
Claimant was not entitled to reimbursement of expenses because he was not away
from his "assigned headquarters" within the meaning of Article 16, Section 12.
For the foregoing reasons, Carrier asks that the claims be denied.
After careful review of the record evidence, this Board is convinced
that the claims must be denied. This is true for the following reasons.
First, the language of Article 16 makes no provision for reimbursement of expenses incurred by a
route from his home to his designated assembly point. (See Third Division
Award 26223.) This Rule provides for such reimbursement when an employee
travels from one designated assembly point to another. Clearly, in the
instant case, Claimant was recalled to service exclusively at Carrier's Switch
Panel Plant. Therefore, Claimant is not entitled to reimbursement of expenses
when traveling from his home to that point.
Second, there is no evidence to suggest that Claimant's home could be
or was designed as his assigned headquarters. Further, a mere assertion by
the Organization that a Carrier Official informed Claimant he would be reimbursed does not overcome
26359.) Accordingly, and for the foregoing reasons, the claims are denied.
Form 1 Award No. 26849
Page 3 Docket No. MW-26153
88-3-84-3-546
A W A R D
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
<~z
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.