This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
This claim protests the Carrier's furnishing of inadequate headquarters to the Division Signal Gang at Louisville, Kentucky, under the following provision of Appendix U:
The record reflects that the Claimants had their headquarters in an old, smaller building which was torn down because of a safety certification inspection. The Carrier moved them into a new prefabricated large metal building in the terminal area, which contained 60 lockers, one urinal, one shower, two sinks and two toilets, and which was shared with other employees. The Claimant's gang was assigned to a 10' x 10' cubicle within this building with walls six feet high. The Gang Foreman informed the Carrier that he was unaware that the Claimants were dissatisfied with this facility. In response to the claim, the Signal Engineer, while asserting that the headquarter facilities meet the provisions of the Agreement, expressed a willingness to consider remedying any identified problems within the facility by working through the Gang Foreman.
The Organization argues that the small cubicle provided to the Claimants did not permit them to conduct telephone conferences and job briefings, and the noise around them was intrusive. It requests as a remedy for the Claimants to be provided with motel rooms and per-diem pay. The Carrier contends that the headquarter facilities provided to the Claimants as a result of their complaint about the former building, met all requirements of the Agreement for adequate facilities. The Carrier notes that it was surprised when it received the claim and has always been willing to resolve any issues brought to its attention, and would continue to do Form 1 Award No. 36692
so. The Carrier argues that the requested remedy is a penalty which is not appropriate under the Agreement, and that the Claimants suffered no loss of anything in this case.
A careful review of the record convinces the Board that the claim must be denied. The Carrier clearly met the requirements of Appendix U of the Agreement by providing the Claimants with adequate lockers, bathing and toilet facilities in the new headquarters which resulted from their prior complaints concerning their old building. The fact that they do not have their own building, and have to share a much larger space, does not make the headquarters inadequate. The Organization failed to show any violation of the Agreement or any losses or inconvenience suffered by the Claimants as a result of the provision of these headquarter facilities.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.