Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37214
Docket No. SG-37125
04-3-01-3-684
The Third Division consisted of the regular members and in addition Referee
Francis X. Quinn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Union Pacific Railroad Company:
Claim on behalf of D. E. Beck for reimbursement of $62.73 for outof-pocket expenses. Account Carrier violated the current
Signalmen's Agreement, particularly Rules 77 and 80, when Carrier
required the Claimant to purchase safety boots and then failed to
reimburse him for doing so. Carrier's File No. 1254170. General
Chairman's File No. N 77 80-128, BRS File Case No. 11811-UP:'
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.
Form 1 Award No. 37214
Page 2 Docket No. SG-37125
04-3-01-3-684
From the Board's review of the arguments and evidence advanced by the
parties during the on-property handling of this dispute, there is no convincing
evidence found to support the contention that the Claimant's steel-toe boots were
somehow contaminated in the normal performance of his Signal Maintainer's
duties, which would have rendered the boots unsafe for wear or use off of the job
site. There is no mention of steel-toe boots found in the language of Rule 77. The
OSHA mandate does not convert such boots into a tool or equipment as those terms
are used in Rule 77. See Third Division Award 36550. The claim as presented is
denied.
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 28th day of September 2004.