(1) The Agreement was violated when the Carrier failed

and refused to allow weekend per diem allowances for Mr.

M.A. Onstot for Saturday, September 28 and Sunday,

September 29, 1991 (System File C-92-T072-3/6MWA 92-01

13D).

(2) The Agreement was violated when the Carrier failed and refused to allow weekend per diem allowances for Foreman R.W. Jackson and Group 3 Machine Operators J.S.Volker and R.A. Sharp for Saturday, January 18 and Sunday, January 19, 1992 (System File C-92-T072-10/6MWA 92-05-18).

(3) As a consequence of the violation referred to in Part (1) above, Claimant M.A. Onscot shall be allowed $29.00 per diem allowance for Saturday, September 28 and $29.00 per diem allowance for Sunday, September 29, 1991.

(4) As a consequence of the violation referred to in Part (1) above, Claimants R.W. Jackson, J.S. Volker and R.A. Sharp shall each be allowed $29.00 per diem allowance for Saturday, January 18 and $29.00 per diem allowance for Sunday, January 19, 1992."

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance ac hearing thereon.

The two claims submitted in this case are identical. Both cases involve emplovees who were assigned to gangs with mobile headquarters, so called Rule 38 gangs.

Rule 38 requires the Carrier to provide for meals and lodging for mobile gangs or, as an alternative, the employees are paid a per diem allowance in lieu of the Carrier providing the meals and lodging. Rule 38 reads as follows:

"RULE 38. MOBILE HEADQUARTERS (WITH OR WITHOUT OUTFIT CARS) - LODGING - MEALS

A. Other than as provided in Rules 37 and 39, the Company shall provide for emploves who are employed in a type of service, the nature of which regularly requires them throughout their work week to live away from home in outfit cars, camps, highway trailers, hotels or motels as follows:

(1) If lodging is furnished by the Company, the outfit cars or other lodging furnished shall include bed, mattress, pillow, bed linen, blanket, towels, soap, washing and toilet facilities.

(2) An a:s%pense allowance for furnishing and laundering pillows, bed linens, blankets and towels in the amount of thirty (30) cents will be allowed for each day chat per diem meal allowance is paid. In the event the Company arranges to furnish and launder pillows, bed linens, blankets and towels, this expense allowance will not apply.

(B) Lodging facilities fu_^nished by the Company shall be adea-,:ate for the purpose and maintained in a clean, healthful and sanitary condition.

(C) If lodging is not fury=shed by the Company the employe shall be paid a lodging allowance of $10.75 gar day.

(D) If the Company provides cooking and eating facilities and pays the salary or salaries of necessary cooks, each employe shall be paid a meal allowance of $2.50 per day.

(E) If the Company provides cooking and eating facilities but does not furnish and pay the salary or salaries of necessary cooks, each employe shall be paid a meal allowance of $5.00 per day.

(F) If the employes are required to obtain their meals in restaurants or commissaries, each employe shall be paid a meal allowance of $7.50 per day.

(G) The foregoing per diem meal and lodging (if applicable) allowance shall be paid for each day of the calendar week, including rest days and holidays, except that it shall not be payable for work days on which the employe is voluntarily absent from service, and it shall not be payable for rest days or holidays if the employe is voluntarily absent from service when work was available to him on the work day preceding or the work day following said rest days or holiday.

NOTE: Employes whose place of residence is less than

thirty (30) miles from the work site will not

be allowed the lodging allowance for rest days

and holidays unless worked on those days. The

place of residence is determined by Company

records reflecting the W-4 form filed at time

of assignment to position.,,

This is not a new Rule; it has been in effect for many years.

The facts in these claims are that the claimants, positions were abolished at the end of the tour of duty on Friday. All Claimants were drawing the per diem allowance. On the following Monday the Claimants displaced on other Rule 38 gangs which were entitled to draw the per diem allowance. These claims are for payment of the per diem allowance for Saturday and Sunday under the terms of Rule 38G.

The Organization argues that because the employees moved from one gang to another gang, by paying the per diem the requirements of Rule 38G are met.

The Carrier avers that it has never paid the per diem under the circumstances of these claims. It further argues that when the Claimants' positions were abolished at the close of the tour of duty on Friday, they became free agents with the right to displace wherever seniority permitted. when the job ended on Friday, the assignment no longer existed, along with the rest days.

As was stated earlier, this is not a new agreement and the Organization bears the burden of proving that its interpretation is correct. While the Organization argues the Carrier has paid the per diem in the past, it has not presented one shred of evidence to support its allegation. There are no statements from any employee supporting its position, nor dates of payment to buttress its position.

The record reveals the organization failed to meet its burden. The Carrier has not violated the Agreement.

AWARD