Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27673
THIRD DIVISION Docket No. SG-26762
89-3-85-3-521
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Central of Georgia Railroad Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Central of
Georgia Railroad Company:
Case
No. 1
Claim on behalf of Central of Georgia Floating Signalman M. D. Bice,
headquarters Columbus, Georgia, assigned working hours 8 a.m. to 4:30 p.m.
Monday thru Friday, Saturday and Sunday rest days for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rule
28, when they refused to reimburse Floating Signalman M. D. Bice for his
actual expenses while away from his regular assigned home station in connection with his assignment
ending August 15, 1984.
(b) Carrier should now be required to reimburse Floating Signalman
M. D. Bice for an amount equal to the actual lodging expense he incurred
during the expense period ending August 15, 1984, that he was not reimbursed
for in the amount of $154.00 which is the part of his actual lodging expense
Carrier refused reimbursement and required him to amend his expense form to
receive any of his expense for meals and lodging.
(c) Carrier also be required to pay 1 1/2% interest each month the
Carrier uses the Claimant's money owed him for reimbursement of his actual
lodging expense. (General Chairman file: CG-91. Carrier file: SG-609)
Case
No.
2
Claim on behalf of Central of Georgia Floating Signalman M. D. Bice,
headquarters Columbus, Ga., assigned working hours 8 a.m. to 4:30 p.m., Monday
thru Friday, Saturday and Sunday rest days, for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rule
28, when they refused to reimburse Floating Signalman M. D. Bice for his
actual expenses while away from his regular assigned home station in connection with his assignment
(b) Carrier should now be required to reimburse Floating Signalman
M. D. Bice for an amount equal to the actual lodging expense he incurred
during the expense period ending October 15, 1984 that he was not reimbursed
Form 1 Award No. 27673
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89-3-85-3-521
for in the amount of $76.32, which is the part of his actual lodging expense
Carrier refused reimbursement.
(c) Carrier also be required to pay 1 1/2X interest each month the
Carrier uses the Claimant's money owed him for reimbursement of his actual
lodging expense. (General Chairman file: CG-95. Carrier file: SG-611)
Case No. 3
Claim on behalf of all employees assigned to Floating Signalmen
positions on Central of Georgia Railroad and their successor that are being
required to stay in a double occupancy room in order to be reimbursed for
their actual expenses when sent away from their home station for more than one
day under Rule 21.
(a) Carrier is violating the
Signalmen's Agreement,
particularly
Rule 28, when they refuse to reimburse Floating Signalmen for meals and lodging when the employee st
from their home station and do not return to their home station the same day
and when they instruct Floating
Signalmen to
stay
in
motel and hotel rooms
with someone else
in
order to be reimbursed for their actual expenses.
(b) Carrier now be required to withdraw their
instructions for
Floating
Signalmen to
stay in a double occupancy room in order to be reimbursed for actual expenses, also the Carrier
reimbursement of expense accounts of Floating Signalmen when they stay in a
single occupancy room when sent away from their home station for more than one
day. (General Chairman file: CG-99. Carrier file: SG-608)"
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 were given due notice of hearing thereon.
The three cases before the Board essentially arose after the Carrier
issued
instructions to
its Floating Signalmen which stated that, subsequently,
when they were sent away from their home station and required overnight lodging, the Carrier would r
occupancy room for each night that lodgings were required.
The
Organization, in
its well-stated forceful arguments, both in the
record and before this body, mainly states that:
Form 1 Award No. 27673
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* The Carrier, by virtue of its instructions, now requires its
Signalmen to stay in a double occupancy room in order to be
reimbursed for their actual expenses;
* Rule 28 of the Parties' Agreement, controlling in this dispute, in
pertinent part states that "actual expenses will be allowed employ
ees while away from their regular assigned home station in connec
tion with their assignment." Moreover, this clear contractual
language "actual expenses" is given substance and is evidence of
what the parties intended because the Carrier, since April 1976,
has reimbursed Signalmen for actual expenses incurred for a single
room.
* The Carrier, while it has the right to control the expenses of
employees, does not have the right to arbitrarily change the
working conditions or intent of Rule 28 as it has in the instant
case. The Organization argues that if the Carrier wished to make
the change to Rule 28, it is required to utilize the Section 6,
Notice Process under the Railway Labor Act.
The Board has carefully reviewed and considered the Submissions of
the parties as well as the Awards relied upon in support of their respective
positions. We find from this review that Rule 28 is mainly controlling when
applied to the facts of the case.
It is not arguable that the Carrier did reimburse Signalmen for
actual expenses of a single occupied room. Moreover, we agree with the Organization that the key lan
within its right to establish reasonable regulations to control expenses in
order to operate in an economical and efficient manner.
In the case before us, in effect, the Carrier executed its right to
change its policy which, under the circumstances, it did after proper notice.
In summary, absent clear contractual constraints, the Carrier has the right to
control its expenses as long as it meets a test of reasonableness and when
changes to policy are made after proper notice is given.
Accordingly, while we are in sympathy with the notion of single occupancy of hotel rooms while i
Carrier has done is an abuse of its discretion.
A W A R D
Claim denied.
Form 1 Award No. 27673
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89-3-85-3-521
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: -
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 17th day of January 1989.