Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28458
THIRD DIVISION Docket No. CL-28599
90-3-88-3-442
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10322) that:
1. Carrier violated the rules of the current Clerks' Agreement at
Albuquerque, New Mexico, when it failed or refused to pay Donna K. Avila
mileage from Belen to Albuquerque, New Mexico on July 27, 28, 29, 30, 31,
August 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 20, and 21, 1987 for total of 1,088
miles at the rate of twenty (20) cents per mile for a total of $217.60, and
2. Claimant Avila shall now be compensated for mileage in the amount
of $217.60.
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 approve 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 essential facts leading to this dispute are not at issue. The
Claimant had protected short vacancies at Albuquerque, New Mexico. In so
doing, she traveled from her headquarters point of Belen, New Mexico, with
another Carrier employee who drove between Belen and Albuquerque. At issue is
whether the Claimant is entitled to mileage reimbursement pursuant to "Rule 40
- Travel Time and Expenses" of the Agreement. The Claim is for $217.60.
Rule 40 is intended to protect employees from a monetary loss when
away from the headquarters point. The language used in the Rule shows an
intent to reimburse for actual expenses incurred. After a careful review of
the facts, the Board finds that Claimant is entitled to $108.80.
Form 1 Award
No.
28458
Page 2 Docket
No.
CL-28599
90-3-88-3-442
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J D er - Executive Secretary
Dated at Chicago, Illinois, this 19th day of July 1990.