Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32917
Docket No. MW-32070
98-3-94-3-466
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when, by letter dated March 4, 1993,
the Carrier instructed all of its Maintenance of Way employes that
the wearing of steel toe safety boots was mandatory and then failed
and refused to reimburse said employes for the expense incurred as
a result of purchasing said boots (System File 1993-29/013-293-1).
(2) As a consequence of the violation referred to in Part (1) above, the
Carrier shall be required to pay all Maintenance of Way employes
for the expense of purchasing the safety boots and for any lost wages
incurred as a result thereof."
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.
Form 1 Award No. 32917
Page 2 Docket No. MW-32070
98-3-94-3-466
Parties to said dispute were given due notice of hearing thereon.
On F3bruary 5, 1993, the Carrier issued General Order No. 6 requiring effective
April 1, 1993 that employees "wear steel toe Safety Boots." By letter dated March 4,
1993, the Carrier reminded employees of the requirement effective April 1, 1993 and
advised the employees that they could purchase the safety boots on payroll deduction;
payments would be spread out over four months; and the Carrier would make a one time
$30.00 contribution towards the purchase. This claim followed seeking reimbursement
under Rule 4.
Based upon the record developed on the property and the arguments presented,
the Organization has not carried its burden to show a violation of Rule 4. The claim
shall therefore be denied.
AWARD
-
Claim denied.
ORDER
This Board, after consideration ofthe 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 23rd day of November 1998.