Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26906
THIRD DIVISION Docket No. MW-26379
88-3-85-3-164
The Third Division consisted of the regular members and in
addition Referee Edward L. Suntrup 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 Agreement was violated when the Carrier refused to reimburse
Machine Operator H. Batiste for actual reasonable meal, lodging and mileage
expense he incurred on March 21, 22 and 26, 1984 (System File MW-84-62/41739-A).
(2) The claimant shall be reimbursed for actual necessary expenses
he incurred ($161.54) on the claim dates mentioned in Part (1) hereof."
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.
On April 17, 1984, a claim was filed on behalf of the Claimant for
$161.54 for personal expenses he incurred while staying at a motel, in lieu of
one of the Carrier's trailers, while covering an assignment. The original
claim stated that:
"(The Claimant) was assigned to trailer No. E.D.
1377 at Beeville, Texas and trailer was not in a
livable condition due to gas leaks, no hot
water, water leak, no stove, no mattress and no
rest room, therefore, (the Claimant) went to a
motel."
Form 1 Award No. 26906
Page 2 Docket No. MW-26379
88-3-85-3-164
The record shows that the condition of the trailer, at the time the Claimant
was assigned to it, apparently was in need of some repairs. The expense claim
filed by the Claimant, which is for the dates of March 21, 22 and 26, 1984,
shows that he stayed in the Esquire Motel in Beeville, Texas, on those nights.
A continuing factual problem with this case, alluded to several times on
property by the Carrier, is that the expense form is dated May 20, 1984.
Exactly why this is so is never resolved in the record.
According to information presented by the Carrier, repairs were made
to the trailer on March 22 and 23, 1984. The lock on the trailer door was
repaired on March 22, and some water leaks were repaired on March 23. There
is considerable other information presented by the Carrier to show, on the
other hand, that the other faults which the Claimant found with the trailer
were a question of interpretation. For example, there was a stove and there
were mattresses, although the Claimant apparently did not want to sleep on one
of the mattresses which was there because it had not been "assigned to him" as
the General Chairman explains to the Carrier in its appeal letter dated June
7, 1984. Additional information of record provided by the Carrier under date
of May 1, 1984, which is a statement by another employee who had stayed in the
trailer prior to the Claimant, shows that it had some of the defects which the
Claimant complained of when this employee had stayed there. It is true that
the trailer park in which the trailer was located had no rest room but the
Claimant, like other employees who had stayed in the trailer, was given a key
to the District Maintenance of Way Manager's office where there was a rest
room. That office was a short distance from the trailer.
Despite these questions relative to the merits of this case the Board
must underline that a close reading of the handling of this claim on property
shows that nowhere does the Claimant state what Rule of the Agreement was
allegedly violated when he was not paid the claims at bar.
It is well-established precedent that it is the ". . . employee (who
has) the responsibility and burden to cite the rules and agreement language
relied upon during the handling (of a claim) on property." Third Division
Award 21441. Once that has been done, the burden of proof then lies with the
petitioner as moving party (Second Division Awards 5526, 6054; Third Division
Awards 15670, 25575). The role of this Board is limited to the interpretation
of collective bargaining contracts (Third Division Awards 6695, 21697, inter
alia). Absent citing of provisions by the moving party it cannot legitimately
perform that role. The Organization does cite Article 16 in its Submission to
this Board. Such, however, is new material not considered by the parties
while handling the case on property, and cannot be considered by the Board in
its deliberations in this case. This firmly established doctrine, ". . .
codified by Circular No. 1, has been articulated in numerous Awards of this
Division" (Third Division Award 24774; also Third Division Awards 20841,
21463, 22054 inter alia). The claim must, therefore, be dismissed.
Form 1 Award No. 26906
Page 3 Docket No. MW-26379
88-3-85-3-164
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. e - Executive Secretary
Dated at Chicago, Illinois, this 17th day of March 1988.