Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28013
THIRD DIVISION Docket No. MW-27318
89-3-86-3-572
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Missouri-Kansas-Texas Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it refused to reimburse
Machine Operator H. D. Curtis for lodging expense he incurred during April and
May, 1985 (System File 300-390/2579).
(2) Machine Operator H. D. Curtis shall be paid $229.50 for April,
1985 lodging expense and $191.25 for May, 1985 lodging expense."
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.
The Claimant is a machine operator assigned to Extra Gang 400.
During April and May 1985, Extra Gang 400 was assigned to perform work at
Denison, Texas, requiring the Claimant to obtain meals and lodging. The
Carrier declined to pay the Claimant's submitted April and May expenses
stating it does not pay lodging when employees stay with relatives. The
Organization argues the Claimant's lodging with a relative is immaterial.
Rather, the Organization contends the controlling factor is whether or not
the Claimant incurred actual lodging expenses.
In an attempt to receive a "windfall," the Carrier charges the Claimant filed "drug store" recei
expenses" despite the fact he stayed with his mother. It is evident Carrier
was suspicious of the receipts submitted by the Claimant in accordance with
the controlling Agreement. Clearly, the Carrier has the right to question and
validate expense receipts submitted. However, the fact the Claimant lodged
with a relative is not an automatic disqualification of the claimed expenses
(See Third Division Awards 12120 and 16463).
Form 1 Award No. 28013
Page 2 Docket No. MW-27318
89-3-86-3-572
Herein, the record establishes that after the Carrier received the
lodging receipts for April and May of 1985, its representative spoke with the
Claimant's mother and verified the payments. With such verification, the
Carrier's contention of a "windfall" is without merit. In this dispute, the
Carrier had the opportunity to question the lodging expenses submitted and did
so. It cannot now attempt to impose an extra contractual burden upon the
Claimant (See Third Division Award 26286).
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 31st day of July 1989.