Form I \ArlO.N.aL RAILROAD ADJL'STNIE\NT BOARD
THIRD DIVISION
Award No. 31877
Docket :Yo. CL-32015
97-3-94-3-371
The Third Division consisted of the regular members and in addition Referee
John C. Fletcher -,hen award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(\atiooal Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAIM:
"Claim of the S- stem Committee of the Organization (GL-11064) that:
Local time claim in behalf of Commissary employees D. Wigfield, C.
Christian and A. Long that:
(a) The Carrier violated the Rules Agreement effective September 1,
1976, particularly Rule 8-F-1, when it required the above named
employees to purchase a commercial driver's license and did not reimburse
employees.
(b) C. Christian now be allowed $60.00, A. Long and D. Wigfiield now
be allowed 540.00 each which was the cost of the license.
(c) Claim filed in accordance with Rule 7-B-1 and should be allowed."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
11e 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.
Form I .award No. 31877
Page 2 Docket No. CL-32015
97-3-94-3-371
This Dhision of the adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
As a result of revised Federal Regulations, Claimants, to be in compliance with
the law, needed a Commercial Driver's License in order to operate Company vehicles
in the performance of the duties
of
their assignments. The employees were given the day
off with pay in order to secure their licenses, however they were not reimbursed for the
cost
of
securing the licenses. This claim seeks recovery of the fees expended for the
actual licenses. The Carrier defended against payment of the fees on the basis that no
specific provision
of
the Agreement requires reimbursement of costs connected in
securing a driver's license.
The Organization has not pointed to a single Rule that supports its claim for
reimbursement of the fees expended by the Claimants to secure a Commercial Driver's
License. Any time an employee works a position that requires that a motor vehicle be
operated on public streets and highways it is expected that the employee possess a valid
license. Before regulations were revised, it was expected that such employees would
secure the license at their own expense. This situation was not changed when Federal
Regulations required that such employees possess a valid Commercial Driver's License.
The claim is without merit.
AWARD
Claim denied.
ORDE
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 4th day of March 1997.