Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29378
THIRD DIVISION Docket No. SG-29521
92-3-90-3-459
The Third Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(former Louisville and Nashville Railroad Company)
STATEXENT OF CLAIM: "Claim on behalf the General Committee of the Brother-
lood of Railroad Signalmen on the CSXT, Inc. (former L&N):
Claim on behalf of J. L. Owens et al., for reimbursement of cost of
lodging expenses, account of Carrier violated the current Signalmen's Agreement, as amended, particu
share lodgings." Carrier file 15 (89-60) G.C. file (89-Sys-02) BRS Case No.
8115-CSXT.L&N.
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 dispute involves claims for reimbursement of expenses for
separate motel rooms for System Signal Testers and System Signal Tester
Helpers. The dispute was precipitated by a Carrier letter dated June 13,
1989, advising Testers and Tester Helpers that effective July 1, 1989, they
would be required to share hotel rooms. Applicable Rules of the Agreement are
as follows:
"RULE 29. EXPENSES.
(a) Employes sent away from home station or
territory will be reimbursed for actual additional
necessary expenses incurred for meals and lodging.
Expenditures of any other kind which any employe is
instructed to incur will also be reimbursed.
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(b) Employes will be paid a month's expenses not
later than the time when they are paid for the ser
vice rendered during the last half of the month.
(c) Effective as of May 6, 1966, complaints of
camp car outfits or any facility furnished by the
railroad for living accommodations failing to meet
requirements of the rules will be made in writing to
the General Superintendent Communications and Signals
by the General Chairman, setting out in detail the
items complained of. Within 30 days after date of
the complaint, a _oint investigation will be made by
the General Chairman and General Superintendent
communications and signals or Signal Engineer. If
the Complaint is found to have merit, the conditions
will be corrected within 30 days after the investi
gation and if not corrected at the end of such 30-day
period, the employes may obtain suitable living
accommodations at the expense of the carrier."
"RULE 52. RATES 3F PAY.
(a) The following minimum rates of pay are hereby
incorporated in and made a part of this agreement and
they shall remain in effect and unless changed in the
manner provided by the Railway Labor Act:
(c) Signal Testers and Foremen. The regular
hours of service of Signal Testers and Foremen shall
be eight hours per day.
They shall be allowed a credit of fifteen hours
per calendar month toward their 211 2/3 monthly
hours, provided for below, to cover all time spent
outside of regular hours on days exclusive of rest
days in lining up work and rendering reports required
of them in connection with their duties.
Except for service on assigned rest days, the
monthly rate for Signal Testers and Foremen shall
cover all service performed, including overtime for
the first six days of their work week, up to 211 2/3
hours in any calendar month. Actual time worked or
held for duty, exclusive of service on assigned rest
days, in excess of 211 2/3 hours in any calendar
month will be paid for at the rate of time and
one-half. Ordinary maintenance or construction work
will not be required on the sixth day of the work
week and an earnest effort will be made to allow such
employes to be off on such sixth day, Saturday if
possible, and on recognized holidays, without deduc
tion is pay thereof. When so relieved, time off for
such relief for a full day period shall not be con
sidered as time worked or held for duty.
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Signal Testers and Foremen shall have one regular
ly assigned rest day each week, Sunday if possible,
and if required to perform service on such assigned
rest day, they will be paid, in addition to the
monthly rate, overtime in accordance with rules of
the agreement which apply to hourly rated employes.
Where the rest day and holiday, call, overtime and
other rules of this agreement require payment to
employes covered by the scope of this agreement, such
rules shall not apply to Signal Testers and Foremen
on the first six days of the work week except that a
Tester or Foreman will, until 211 2/3 hours is
reached in a calendar month, be credited towards his
211 2/3 monthly hours on the basis of one minute for
each straight time minute and one and one-half min
utes for each overtime minute where service described
in such rules is performed. When 211 2/3 hours
actual :ime worked or held for duty has been accumu
lated, they will thereafter be paid for actual time
worked or held for duty at the time and one-half
rate.
The straight time hourly rate for these employes
will be determined by dividing the monthly rate by
211 2/3 hours."
"RULE 59 - CAMP CARS.
Effective as of `lay 6, 1966, on-rail camp car
outfits shall be furnished for employes assigned to
gangs and to signal testers. Employes shall not be
permit:ed to live in or occupy any portion of the car
which is used for tools or materials. Camp cars
shall be adequate for the purpose and shall be main
tained in a good, clean, healthful and sanitary
condition and free from leaks. Bathing and washing
facilities with hot and cold water shall be furnished
with adequate storage facilities to accommodate the
employes assigned to the outfit. The camp cars shall
be provided with toilet facilities. Sufficient air
space and recreation space sufficient to accommodate
the number of men in the gang shall be provided and
shall :e used for =o other purpose. Kitchen, dining
and sleeping cars and recreation space shall be
screened. All cars shall be equipped with furnish
ings is proper proportion to the number of men to be
accommodated. They must be equipped with springs
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consistent with safety and character of car and
comfort of employes. It will be the duty of the
foreman or tester to see that cars are kept clean and
in good sanitary condition at all times, which shall
be done at company expense. Drinking water, water
suitable for domestic uses, free from rust and other
matter, fuel, electric or other suitable refriger
ation and suitable electric receptacles for the
number of men to be accommodated shall be furnished.
Furnishings referred to herein shall include stoves,
kitchen and dining utensils and dishes, soap, chairs,
lockers, spring cots; mattresses, blankets, pillows,
bed linens and towels shall be furnished and main
tained in a clean, healthful and sanitary condition.
The company will furnish and pay the wages of cooks
and in the event the cook is absent, expenses for
meals will be allowed.
By agreement between the management and the General
Chairman, off-rail commercial trailers which meet the
above requirements may be substituted for on-rail
cars.
5. With respect to Section 11 of the Arbitration
Award, the employes elect to retain provisions of
existing rules of the general agreement in lieu
thereof. It is understood that Rules 21, 22 and 29
shall continue in effect for employes sent away from
home station in accordance with such provisions."
On June 16, 1989, the General Chairman wrote a letter to the Signal
Engineer disputing the wisdom of Carrier's decision to require Testers to
share a room with their Helpers. In that letter he proposed several reasons
he felt Carrier's decision was ill-advised and asked Carrier to reconsider its
decision.
On August 21, 1989, the General Chairman submitted claims for reimbursement of lodging expenses incu
System Tester Helpers declined to share hotel rooms. The claims were denied
and were subsequently appealed up to and including the highest Carrier officer
authorized to handle such matters.
At the outset, the Organization's argument is not persuasive that the
claim must be sustained by default, since Carrier failed to respond to the
Organization's letter of June 13, 1989. That letter was in the nature of a
protest or complaint, but cannot, even read most liberally, be termed a grievance. Since that letter
Carrier was not obliged to respond to the letter and contractual time limits
on Carrier's response did not begin to run. Accordingly, the Board must
dismiss the Organization's procedural objection.
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With respect to the merits of the claim, the Organization maintains
that Carrier has violated the Agreement and a long-established practice of
reimbursing System Signal Testers for the actual necessary expense of separate
lodging facilities. It also notes that Foremen had similar responsibilities
to System Signal Testers after work hours (performing paper work and planning
for the next day) but Foremen are provided separate accommodations. Thus,
since System Signal Testers are required by their jobs to have responsibilities similar to those of
the cost of single accommodations, and that Carrier's policy of room sharing
be discontinued.
For its part, Carrier asserts that its decision to require System
Signal Testers and System Signal Helpers to share rooms does not violate any
Agreement Rule. Nor are the claims for reimbursement of expenses incurred by
employees who failed to comply with reasonable instructions supported by any
Agreement Rule. It notes that by Agreement dated April 3, 1973, (Appendix "W"
of the LSN Signalmen's Agreement), the parties agreed to eliminate the use of
camp cars pursuant to provisions of Article VI - "Camp Cars" of the November
16, 1971 BRS National Agreement. It was agreed that Carrier would provide
hotel or motel lodging "with not more than two employees occupying one twinbedded room." The current
Signal Helpers share rooms, two to a twin-bedded room, complies with Article
VI.
Carrier also points out that Rule 29 - "Expenses" provides that
employees will be reimbursed for actual additional necessary expenses incurred
for meals and lodging. While it contests that Rule 29 applies to floating
System Signal Testers and their Helpers, Carrier insists that even if,
arguendo, it does apply, the cost of a preferred single room does not constitute an "actual a
Carrier cites Third Division Awards 27674 and 20619.
A review of the Rules of the Agreement cited in this case indicates
that they are neither unclear nor ambiguous with respect to the matter at
hand. Carrier provided lodging for the System Signal Testers and System
Signal Helpers as provided under amended Rule 59, and has not required that
they be lodged more than two to a twin-bedded room. Moreover, in accordance
with the principles enunciated in Award 27674, supra, Carrier gave Claimants
ample notice of the new lodging policy. As noted by the Board in Award 20619,
while the arrangement of single rooms may be preferable to Claimants, there
is no support for the Organization's position that the additional cost of a
single room is a "necessary expense" for which the Claimants should be reimbursed.
A W A R D
Claim denied.
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NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Kncy J. D -Executive Secretary
Dated at Chicago, Illinois, this 17th day of September 1992.