Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31672
Docket No. MW-31228
96-3-93-3-289
The Third Division consisted
of
the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood
of
Maintenance
of
Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
( (former Missouri Pacific Railroad)
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 R M. Mulholland and Welder Helper D. R Hoskin
travel time and mileage allowance they incurred as a result
of
the
change in work locations on March 11, 19, May 10, July 12, 1991
and February 4 and March 2, 1992 (Carrier's File 920329 MPR).
(2) The Agreement was violated when the Carrier failed and refused to
allow Welder H. L. Williams, Jr. and Welder Helper O'Neal Kims
travel time and mileage allowance they incurred as a result
of
the
change in work locations beginning February 1991 through April
1992 (Carrier's File 920395).
(3) As a consequence
of
the violation referred to in Part (1) above,
Messrs. Mulholland and Hoskin shall each be allowed mileage and
travel time as follows:
(March 11, 1991) Dexter, MO. to Poplar Bluff, MO. 26 miles @
15 cents per mile = $3.90 mileage .9 hours
travel time at pro rata rate
(March 19, 1991) Poplar Bluff, MO. to Piedmont, MO. 48 miles
@ 15 cents per mile = $7.20 mileage 1.6 hours
travel time at pro rata rate
Form 1 Award No. 31672
Page 2 Docket No. MW-31228
96-3-93-3-289
(May 10, 1991) Piedmont, MO. to Dupo, IL. 147 miles @ 15
cents per mile = $22.05 mileage 4.9 hours travel
time at pro rata rate
(July 12, 1991) Piedmont, MO. to Chester, IL. 60 miles @ 15
cents per mile = $9.00 mileage 2 hours travel
time at pro rata rate
(February 4, 1992) Bush, IL. to Chester, IL. 60 miles @ 15 cents
per mile = $9.00 mileage 2 hours travel time at
pro rata rate
(March 2, 1992) Gorham, IL. to Chester, IL. 30 miles @ 15
cents per mile = $4.50 mileage 1 hour travel
time at pro rata rate'
(4) As a consequence of the violation referred to in Part (2) above,
Messrs. William and Kims shall each be allowed the mileage and
travel time they submitted * to the Carrier.
* Copies of the Personal Expense Statements, which were also
attached to the initial letter of claim, will be reproduced
within our initial submission."
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. 31672
Page 3 Docket No. MW-31228
96-3-93-3-289
This case is similar to the case in Third Division Award 31665. The parties,
issues, arguments and Agreements are the same.
For the reasons cited in the above mentioned Award, all the claims except those
for February 4, and March 2, 1992 are barred from handling under the Time Limit
Rule. The claims for the other two dates are denied, again, for the reasons cited in
Award 31665.
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 29th day of August 1996.