Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27674
THIRD DIVISION Docket No. SG-26761
89-3-85-3-520
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:
(Southern Railway Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Southern
Railroad Company.
Case No. 1
Claim on behalf of Southern Railway Floating Signalman T. F. Miller,
headquarters Macon, Georgia, assigned working hours 8 a.m. to 5 p.m Monday
thru Friday, rest days Saturday and Sunday for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rule
41, when they refused to reimburse Floating Signalman T. F. Miller for his
actual necessary lodging expense he incurred while sent away from his home
station at Macon, Georgia to work in Tifton, Ga. area during the expense
period of June 16, 1984 to July 15, 1984.
(b) Carrier now be required to reimburse Floating Signalman T. F.
Miller for an amount equal to the lodging expense he was not reimbursed for or
$68.16 which is the part Carrier refused reimbursement.
(c) Carrier also be required to pay 1 1/2X interest each month the
Carrier used the Claimant's money that he was not reimbursed for on his actual
necessary lodging expense. (Carrier file: SG-606. General Chairman file:
SR-356.)
Case No. 2
Claim on behalf of all employees assigned to Floating Signalman
positions on Southern, Lines East and Lines West seniority districts, that are
being required to stay in a double occupancy room in order to be reimbursed
for their expenses when sent away from their home station for more than one
day under Rule 39.
(a) That Carrier is violating Rule 41 of the Signalmen's Agreement
when they refuse to reimburse Floating Signalmen for meals and lodging when
employee stays in single motel and hotel room.
(b) That Carrier be required to withdraw its instructions to Floating Signalmen to stay in a dou
actual necessary expense. (General Chairman file: SR-357. Carrier file:
SG-607)"
Form 1 Award No. 27674
Page 2 Docket No. SG-26761
89-3-85-3-520
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 basic question in this case is the same as that contained in
Third Division Award 27673. However, in this dispute there is a difference.
Here, there is a somewhat different Rule and a practice of longer standing has
been established.
The claim requests reimbursement for the cost of a single occupancy
hotel room when the Floating Signalman is required to stay overnight, away
from his home station. The controlling rule is Rule 41 which reads:
"EXPENSES - ROLE 41:
Except as provided in Rules 45 and 49, when
employees are sent away from their assigned
headquarters point on company business, they will
be allowed actual necessary expenses. This rule
shall not apply to signal maintainers and
assistants working on their assigned section or
territory, except when sent away from signaled
territory; nor to employees assigned to district
signal gangs pursuant to Rule 44."
The primary thrust of the Organization's contention is:
(a) that Rule 41 requires that actual necessary
expenses will be allowed;
(b) that its construction of Rule 41 should be
given weight because the parties negotiated
Rule 44(b) which reads:
"District Signal Gangs headquartered in hotels
and/or mocels shall be accomodated (sic) therein
throughout their work week, beginning with the
night before their assigned work week begins, if
required. Lodging facilities shall be arranged and
paid for by the Carrier and shall be suitable,
Form 1 Award No. 27674
Page 3 Docket No. SG-26761
89-3-85-3-520
clean, healthful and sanitary, with not more than
two employees occupying one twin-bedded room. Any
employee who does not intend to use such facilities
during regular work period will notify his Foreman
as far in advance as possible. Clean-up facilities
will be provided for at the place of lodging after
the end of the last day of the work week(s)."
Here, it argues that the parties have negotiated a procedure or
process (Rule 44(b)) where the Carrier arranged, provided, and paid for the
lodging of its District Signal Gang employees. Rule 41, applicable to the
Claimants does not contain such provision. The difference being that Claimant, pursuant to Rule 41,
reimbursed. The two rules were re-negotiated at the same time and the parties
were unable to agree to put the provisions of Rule 44(b) in Rule 41(c). The
past practice is of such long-standing that it provides strong showing of the
parties' intent.
The Board has carefully reviewed and considered the total record
before us as well as the well-stated contentions of both parties.
Rule 41 speaks in terms of actual necessary expenses. Clearly, the
Organization has good grounds for contesting what the Carrier has done, given
the many years of past practice. Past practice and acquiescence may serve to
resolve ambiguities or uncertainties in contract language. However, in consideration of the nature a
at issue, it cannot be said to be ambiguous. Implicit in the relevant language "actual necessary exp
reasonable measures with respect to the control of expenses. This flows from
its basic right to regulate and establish reasonable guidelines with respect
to matters such as this. Nonetheless, since the Carrier had for some considerable period of time all
to put the employee on notice that its policy was being changed. In the case
before this Board, proper notice was provided.
In view of all the foregoing, the claim is denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. -.Executive Secretary
r
Dated at Chicago, Illinois, this 17th day of January 1989.