Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28288
THIRD DIVISION Docket No. CL-28302
90-3-88-3-58
The Third Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10236) that:
1. Carrier violated the Clerks' Agreement dated March 1, 1973, as
amended, when it failed and/or refused to compensate P. L. Aigner, Clerk, for
expenses incurred while performing service for the Missouri Pacific Railroad
Company.
2. Carrier now be required to compensate P. 0. Aigner the following:
a. Mileage - 685 - $102.75.
b. Lodging and meals = $444.63.
c. 2 Minutes per mile for the first 30 minutes for each initial
and final trip to and from Corpus Christi to Laredo, Texas.
3. Carrier now be required to compensate P. L. Aigner the following:
(December)
a. Mileage 685 = $102.75.
b. Lodging and meals = $336.83.
c. 2 minutes per mile for the first 30 minutes for each initial
and final trip to and from Corpus Christi to Laredo, Texas."
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.
Form 1 Award No. 28288
Page 2 Docket No. CL-28302
90-3-88-3-58
The central issue in this dispute is whether or not Claimant had
filled a vacancy or regular position at Laredo, Texas, circa November, 1986.
The Organization asserted that when Claimant who was on furloughed status at
the time, was instructed to report to Laredo, Texas, on November 5, 1986, she
was not recalled to an assignment established pursuant to the Rules of the
Agreement nor did she fill a temporary or permanent vacancy. Rather, it maintained that she had repo
thus it was entirely permissible for her to submit reimbursement forms for
incurred expenses. Further, since she was a furloughed employee at Corpus
Christi, Texas, Carrier was obligated to provide such reimbursement according
to Rule 28.
In response, Carrier argued that the situation simply involved the
recalling of an unassigned clerical employee from Corpus Christi to an Extra
Board at Laredo within the same seniority district. Thus, since Claimant was
a furloughed employee, it was proper to recall her to break in on the Extra
Board position consistent with the applicable language of Rule 14. Section
(m) of this Rule reads:
"Furloughed employees recalled for assignment to
a bulletined position, under the provisions of
this rule, who fail to report for service within
seven days after being notified by letter or
telegram sent to last address filed in accordance with Section (i), or give satisfactory
reason for not doing so, shall forfeit seniority
and their names shall be removed from the seniority roster, of which action the General
Chairman and Division Chairman will be advised."
Accordingly, it was Carrier's position that since the Agreement did not
provide compensation for expenses, when employees in the normal exercise of
seniority are recalled, exercise displacement rights, or bid a bulletined
position, the instant petition is without effective support. It also noted
that when employees were assigned to Extra Board positions, it was normative
practice for employees to break in on the positions they would be required to
protect.
In considering this case, we concur with Carrier's position. As a
furloughed employee, Carrier was not barred from recalling Claimant pursuant
to Rule 14(m) and the notice of recall dated November 5, 1986, comported with
the Rule's notification requirements. In effect, Claimant was instructed to
report to Laredo, Texas, within seven (7) days of the receipt of the letter
and also advised that she would "break in" on specific jobs at Laredo. Since
the November 5, 1986, letter is on point with the requirements of Rule 14(m)
it is clear that Carrier intended to place Claimant on an Extra Board position. Furthermore, since i
Form 1 Award No. 28288
Page 3 Docket No. CL-28302
90-3-88-3-58
fill different assignments, it is not unreasonable or unusual to break in
employees on these positions. To be sure, the November 5, 1986, notification
could have been less cryptic and more specific regarding the nature of the
assignment, but it was an assignment nevertheless predicated upon Rule 14(m).
As such, and by extension, Claimant's headquarters point shifted to Laredo,
Texas. In view of this locational change, Claimant occupied a position on the
Laredo Extra Board and consequently would not be entitled to the reimbursement
claimed. We find no other Rules violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
;7
.dew. zav~
Attest:
ancy J. v -.Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1990.