Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28322
THIRD DIVISION Docket No. SG-28468
90-3-88-3-270
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Baltimore and Ohio Railroad Company)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
Claim on behalf of Foreman Roger L. Cale (I.D. 1515121), Signalman
Larry D. Goff (I.D. 1510100), Signalman William W. Curnutte (I.D. 1511904),
Signalman Lonnie D. Weaver (I.D. 1513095) Headquarters Rowlesburg, W.V.;
assigned hours 7 A.M. to 3:30 P.M.; meal period 11 A.M. to 11:30 A.M.; rest
days Saturdays, Sundays and Holidays.
(a) Carrier violated the current Signalman's Agreement, as amended,
particularly Rule 59(C), where it states that an employee shall be reimbursed
for lodging expenses not in excess of $4.00 per day.
(b) Carrier should be required to compensate Foreman Cale, and
Signalmen Goff, Curnutte and Weaver $4.00 per day for a period of Sixty (60)
days prior to the receipt of this claim and for all days until this matter has
been resolved. Carrier file 15-59 (87-35)."
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 is a Claim for lodging expenses for "a period of sixty (60) days
prior to the receipt of this claim and for all days until this matter has been
resolved."
Form 1 Award No. 28322
Page 2 Docket No. SG-28468
90-3-88-3-270
The Claimants were headquartered at Rowlesburg, West Virginia. The
Carrier, as a threshold argument, contends that this matter should be set
aside because the Claim was not submitted within sixty (60) days of the date
of the alleged violation. Although such an argument in this instance is not
without some merit, under the circumstances, we conclude that this dispute
should be addressed on its merits.
Both parties have provided materials and arguments in their Submissions which were not brought f
will not be considered in our deliberations of this matter. Turning to the
elements properly before us, there is insufficient data to conclude that a
violation has occurred. For example, there has been no showing that the
Claimants were required to be away from their headquarters and no specific
dates have been provided when lodging expenses were incurred by the Claimants.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
000
Attest:
ancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1990.