Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27825
THIRD DIVISION Docket No. MW-27303
89-3-86-3-410
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it refused to recognize
Shawnee, Oklahoma as the home station of Machine Operator M. E. Ryan and,
therefore, refused to allow Mr. Ryan camper trailer expenses beginning
February, 1985 (System File 50-7-853/11-760-40-314).
(2) Machine Operator Ryan shall be made whole for all camper trailer
expense payments he was deprived of as a result of the Carrier's failure to
recognize Shawnee, Oklahoma as his home station, including fourteen (14) days
of camper trailer expenses during February, 1985 and continuing until such
time as the violation is corrected."
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.
This Claim is for camper trailer expense money. Claimant contends
that he is entitled to the money due to the fact that he was required to live
away from home, during his workweek. Claimant is entitled to expenses only
if he is required to work more than 30 miles from his home station. An
employee's home station may only be changed on December 1 of each calendar
year.
Claimant submitted a change of address on November 30, 1984, designating his address as P.O. Box
Form 1 Award No. 27825
Page 2 Docket No. MW-27303
89-3-86-3-410
On December 17, 1984, Carrier wrote to Claimant by certified mail and
stated that "you have established residence at 6610 South Shields, Oklahoma
City, Oklahoma." The letter denied his claim for expenses in October and
November.
It is the opinion of the Board that as of December 17, 1984, Carrier
had made it clear that it had not accepted the change of residence and that
the previous Oklahoma City address was still the employee's home station.
Claimant had to file an objection within sixty days of that determination to
challenge it. The claim was filed on May 1, 1985.
It is the opinion of this Board that Claimant failed to file a claim
within the time prescribed in the Rules and therefore the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:O;~0Qf
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1989.