Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27860
THIRD DIVISION Docket No. SG-27862
89-3-87-3-372
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former B60)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Baltimore and
Ohio Railroad Company (B60):
CASE N0. 1
Claim on behalf of Mr. Richard M. Shambaugh, I.D. #1512782, Leading
Signalman, Force #1690, located in Hancock, W. V. Mr. Shambaugh has been
working this position since May, 1985.
(a) Carrier violated the current Signalman's Agreement, particularly
Appendix 'E', where it states that qualifying personnel shall receive $4.00
per day for lodging.
(b) Carrier has not allowed this expense and should now pay Mr.
Shambaugh for sixty (60) days prior to the receipt of this letter and for all
days until this matter is remedied. Carrier file 2-SG-804.
CASE N0. 2
Claim on behalf of Mr. Larry D. Goff,
I. D.
#1510100, Leading Signalman and Mr. L. W. Weaver,
I.D.
#1513095, Signalman. Both Mr. Goff and Mr.
Weaver are assigned to Force 1691, located in Cumberland, Maryland. They have
been at this position since May 28, 1985.
(a) Carrier violated the current Signalman's Agreement, particularly
Appendix 'E', where it states that qualifying personnel shall receive $3.00
per day for meals and $4.00 per day for lodging.
(b) Carrier should allow Mr. Golf and Mr. Weaver each a total of
$7.00 per day for all days since the 28th of May, 1985. This total should
include all days until this matter has been rectified. Carrier file 2-SG-805."
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.
Form 1 Award No. 27860
Page 2 Docket No. SG-27862
89-3-87-3-372
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The instant Claim alleges Carrier violation of Appendix E, wherein
Carrier has failed to provide allowable per diem for lodging or meals. Central to this dispute is th
herein were, as incorporated into the Agreement as Appendix E from Arbitration
Board No. 298, either Section I or Section II employees.
Section I employees are those "employees who are employed in a type
of service, the nature of which regularly required them throughout their work
week to live away from home in camp cars, camps, highway trailers, hotels or
motels
...
For those employees the Agreement holds that:
"If lodging is not furnished
...
the employee shall
be reimbursed for the actual reasonable expense
thereof not in excess of $4.00 per day."
and further that:
"If the employes are required to obtain their meals
in restaurants or commissaries, each employee shall
be paid a meal allowance of $3.00 per day."
Section II employees continued to be covered by the Rules of the
Agreement including Rule 41(e) which provided no arbitraries paid "whether or
not camp cars are furnished" when hourly rated employees were assigned to
other than regular maintenance forces at particular named locations, including
Cumberland, Maryland. At other than specifically named headquarter locations,
employees would receive $3.00 per working day.
The Organization argues that Claimants were Section I employees. It
points to Third Division Award 18596 and to Interpretation No. 12 of Award 298
distinguishing Section I employees from Section II employees. The Organization argues that Claimants
and were clearly in the type of service contemplated by Section I.
The Carrier raised both procedural and substantive arguments in its
denial of Claim. It denies any Agreement violation arguing that Claimants
were clearly Section II employees reimbursed under Rule 41(a) of the Agreement.
This Board has fully reviewed the issues raised on property. The
Claimants exercised seniority to positions bulletined with fixed headquarters.
All positions were abolished in less than one year. A review of the record
finds no probative evidence presented by the Organization to demonstrate that
the type of work regularly required the Claimants to live away from home
throughout their work week. There is no evidence in the record documenting
the nature of the Claimants' work or clear showing that the Claimants were
Section I employees. Third Division Awards 18596, 18597 and 18598 are not on
Form 1 Award No. 27860
Page 3 Docket No. SG-27862
89-3-87-3-372
point with the instant circumstances, as they relate to signal gangs who were
required by the nature of their work to live away from home. There is again,
no evidence of record that the work herein performed required the Claimants to
be away from their home.
This Board finds the Claim to be without merit. The record does not
establish a Carrier violation. Having found no violation for lack of proof,
we do not need to rule on the procedural or other substantive issues. This
finding is consistent with the logic of past Awards under different circumstances (Third Division Aw
No. 58).
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy JY~ er - Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1989.