Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28994
THIRD DIVISION Docket No. SG-28992
91-3-89-3-420
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim on behalf of the Local Committee of Brotherhood of
Railroad Signalmen, on the Chicago North Western Transportation Company, that:
(a) Carrier violated the current agreement between the Brotherhood
of Railroad Signalmen and the Chicago North Western Transportation Company, in
particular Rules 19 and 21C.
(b) Carrier now be required to compensate Mr. Frank Bonnell his
proper expenses, less any expenses previously allowed while he was holding job
number 002-07, a Signalmen 21C position with headquarters at West Chicago on
the Suburban Division." G.C. file CNW-G-AV-145. Carrier file 79-88-13.
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.
Claimant held a 21(c) Signalman position, with headquarters at West
Chicago, on the Suburban Division. Between June 13, 1988, and June 24, 1988,
Claimant was assigned a second trick position headquartered at Proviso, about
fifteen miles from West Chicago. At the instruction of his Supervisor,
Claimant submitted separate requests for travel time between West Chicago and
Proviso each day that he worked. These requests for travel time were denied
by the Supervisor.
Form 1 Award No. 28994
Page 2 Docket No. SG-28992
91-3-89-3-420
The Organization subsequently filed a claim contending that Claimant
should be paid travel time and mileage expenses from his home (Franklin Grove,
IL) to the headquarters of the vacancy (Proviso) and back once each day for
two weeks, beginning June 13, 1988, through June 24, 1988. This claim equated
to twelve hours travel time and 500 miles. The claim was denied by Carrier as
not supported by Agreement provisions.
This Board has reviewed the position taken by the parties in this
dispute and we conclude that Claimant, as a 21(c) employee, is required to
assume all conditions of the position at Proviso, including the condition of
headquarters. As such, he is not authorized daily travel time and expenses,
nor is he entitled to travel time and expenses from his home in Franklin
Grove, IL, to Proviso, as claimed. Carrier's offer to pay Claimant expenses
for one trip from West Chicago to Proviso and return is the appropriate travel
compensation under this claim.
.A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J ~ -Executive Secretary
Dated at Chicago, Illinois, this 24th day of September 1991.