Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33450
Docket No. CL-34005
99-3-97-3-529
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
(Transportation Communications International Union
(Springfield Terminal Railway Company
"Claim of the System Committee of the Organization (GL-11804) that:
1) Claim in behalf of Spare Operators S. D. Willey for travel miles
Waterville to Portland ME, and return each day April 11 - 30, 1996.
2) Carrier violated Rules 11, 18, 29, 7.
3) Claim should be sustained as presented."
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 were given due notice of hearing thereon.
On April 2, 1996, the Claimant's position as a Tower Operator at Waterville,
Maine, was abolished. To avoid furlough, the Claimant traveled to Portland, Maine,
Form 1
Page 2
Award No. 33450
Docket No. CL-34005
99-3-97-3-529
each day to train as a Tower Operator at Rigby Tower. The instant claim seeks
reimbursement for mileage expense between Waterville and Portland.
Rules 29 and 7.6 provide for reimbursement of travel costs when employees are
required to travel. The record developed on the property discloses that there is a factual
dispute as to whether the Claimant was required to travel or whether he decided to do
so on his own. This factual dispute was not resolved on the property and, as an appellate
body, the Board is unable to resolve it. Accordingly, the claim must be dismissed.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 23rd day
of
August 1999.