Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27775
THIRD DIVISION Docket No. MW-27111
89-3-86-3-289
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier refused to compensate
the members of Extra Gang #6020 for per diem, mileage expense and travel time
incurred as a consequence of the Carrier's improper change of the gang's headquarters from Bradley,
1985 (System File MW-85-34-CB/53-836).
(2) The claimants shall be compensated for per diem, mileage expenses
and travel time incurred by them as a consequence of the violation described
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.
By letter dated March 22, 1985, the Organization filed Claim alleging
Carrier's circumvention of the Agreement. The Organization argued that Carrier had headquartered Gan
per diem rights due to assigned mobile headquarters. By headquartering the
gang the employees were denied lodging, meal and travel rights.
The locus of the present dispute was not in the initial headquartering of Extra Gang #6020, but
is no dispute in the record that this was an Extra Gang established on October
15, 1984, at Bradley, Arkansas. It is also not disputed that on January 14,
1985, the employees of Extra Gang $6020 were informed that their headquarters
would be changed on January 29, 1985, to Benton, Louisiana. The Carrier
argues it complied with the Agreement in its actions. The Organization
charges the Carrier with a violation.
Form 1 Award No. 27775
Page 2 Docket No. MW-27111
89-3-86-3-289
The Board has reviewed the Organization's on-property argument and
evidence. _De novo materials presented here for the first time before this
Board by both sides are excluded from consideration. The threshold issue is
whether the Carrier has violated Article 16, Section 12 of the Agreement. A
careful reading of the probative evidence presented by the Organization does
not support its argument.
In its ex parte Submission the Organization argues that as Arbitration Award No. 298 was
interpretations are likewise applicable. This argument was not raised on the
property, nor was the Award submitted to support such an assertion. The
Organization similarly contends on the property that "...there have been many
interpretations of Section V of the Award of Arbitration Board No. 298 stating
that a headquartered gang cannot be moved until the expiration of one year
from date of assignment." None of the interpretations to the Award was
discussed or made a part of the on-property attempt to resolve this dispute.
The negotiated Agreement clearly states:
"In full disposition of Section V of the Award of Arbitration Board No. 298, it is agreed that:
SECTION II.
x * r r
A. The Carrier shall designate a headquarters point
for each regular position.and each regular assigned
relief position. For employees, other than those serv
ing in regular positions or in regular assigned relief
positions, the carrier shall designate a headquarters
point for each employee. No designated headquarters
point may be changed more frequently than once each 60
_days and only after at least 15 days' written notice to
the employee affected." (emphasis added)
This Board may only interpret the Agreement language, which it finds
clear and unambiguous in the case at bar. The Carrier followed the Agreement
when it gave a fifteen (15) days' notice and changed the headquarters point of
the Extra Gang after sixty (60) days. Since the time limits are clearly a
part of this Agreement, we have no right to alter them by interpretation no
matter how unreasonable they may be in practice to either party. Finding no
violation of the Agreement as written, the Board denies the Claim.
A W A R D
Claim denied.
Form 1 Award No. 27775
Page 3 Docket No. MW-27111
89-3-86-3-289
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of March 1989.