Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27917
THIRD DIVISION Docket No. MW-27221
89-3-86-3-430
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and refused to
reimburse System Equipment Operators F. Lipka and A. Gigliotti for expenses
they incurred while working away from home March 1 through March 15, 1985 and
April 1 through April 26, 1985 (F. Lipka) and December 1 through 23, 1984,
January 1 through 31, 1985, February 1 through 28, 1985 and March 17 through
29, 1985 (A. Gigliotti) [System Files 24.84 (BMWE-20-85) and 24.85 (BMWE-2185)).
(2) Claimant F. Lipka shall be allowed Nine Hundred Fifty-Two Dollars
and Thirty-Eight Cents ($952.38) and Claimant A. Gigliotti shall be allowed
Two Thousand Seven Hundred Ninety-Eight Dollars and Twenty Cents ($2,798.20)."
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 presents the same issues as Third Division Award 27916.
In that case, we already have held that employees covered by the April 1980
Agreement are entitled to payment for personal expenses when assigned to a
work site away from their headquarters.
However, some of the facts in the instant case differ. Here, the
Organization does not dispute the fact that the Claimants reported daily to
their headquarters.
The Carrier states, without contradiction, that the Claimants began
and ended each day at their headquarters locations. The Carrier provided
transportation between headquarters and the work site each day.
Form 1 Award
No.
27917
Page 2 Docket
No.
MW-27221
89-3-86-3-430
Paragraph B.4 of the 1980 Agreement specifically provides that "[t]raveling expenses will not be
transportation." Therefore, we will disallow Claims for mileage to the work
sites, but will sustain the claim for personal expenses incurred for food and
lodging.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attea
11
J e*Ker - Executive Secretary
Dated at Chicago, Illinois, this 18th day of May 1989.