Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31203
Docket No. MW-31393
95-3-93-3-397
The Third Division consisted of the regular members and in
addition Referee Robert L. Hicks when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former
( Missouri Pacific Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Agreement was violated when the Carrier
failed and refused to allow welder G.D. Hice
and Welder Helper C.L. Stricklin travel time
and mileage allowance they incurred as a
result of the change in work locations cited
within the Personal Expense Statements*
submitted to the Carrier under dates of
November 11,1991, April 12 and 14, 1992 and
May 1, 1992 (Carrier's File 920403 MPR).
(2) As a consequence of the violation referred to
in Part (1) above, Messrs. Hice and Stricklin
shall each be allowed mileage and travel time
as claimed in the Personal Expense Statements
submitted to the Carrier."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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. 31203
Page 2 Docket No. MW-31393
95-3-93-3-397
Both Claimants are in or are the on-line welding gang who are
furnished Carrier transportation when moving from point A to point
B. They do not qualify for mileage expenses when utilizing their
own automobiles in moving from one point to another under these
circumstances. Because the moves were accomplished during regular
working hours, they do not qualify for additional travel time.
Carrier's position is supported not only by the Rule, but by
the Organization's own interpretation thereof, as shown by a
circular authored by the Organization's member of Arbitration Board
No. 298, then President H. C. Crotty. Because the Claim will be
denied, it will not be necessary to resolve Carrier's procedural
arguments.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 1st day of November 1995.