Form I NATIONAL RAILROAD ADJUSTMENT BOARD
T DIVISION
and . 37637
Docket . 1
-0 -3-
T Third Division consisted of the regular members and in addition Referee
Robert . ' rien when award as rendered.
(Brotherhood f Railroad Signalmen
EARTIES, T DISPUTE:
Kansas i Southern il
,STATEMIENT OF CLAIM:
"Claim on behalf of the General Committee the Brotherhood ailroad Signal men n on the Kansas City.Southernl-.
Claim on behalf . . c ro , for 471. , account violatedcurrent Signalmen's s Agreement, particularly Rule 58
(Traveling g from One Work Point To Another), when on November 1,
15 and 27, 2002, the Claimant used his personal vehicle, in the' absence
f company furnished transportation, travel from one work point to
another n ten Carrier refuse reimburse i r t miles
travele for r each move. Carrier's File No. K06035675. General
Chairman's File . -0 - -. File s.1 7 - ."
The iDivision ft Adjustment t Board, upon the whole record and all the
evidence, finds that:
e carrier r 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
a 1,13.
i Division t Adjustment jurisdiction t dispute involved
Fr Award No. 37637
o1
Docket No. SG-38108
Page 2
__ __
Parties to said dispute were given due notice of hearing thereon.
In the fall f 200 , hen this dispute arose, the Claimant
was
assigned to Signal
aorkeoy through Friday with tur n Sunday s is rest
days... Signal n traveled tifft locations on the pro sr
irnts.
Between October 1 an November 1, 200 , the Claimant- qua t
Jefferson, Texas. Friday, November 1, 0 , t Claimant s 'se t his
headquarters (work it) was changed
fro
Jefferson, Texas, Blue in s,
issouri, distance of 555 miles. On Monday, November 4, 2002, the Claimant
reported to Blue Springs, Missouri, after his two rest days. The Ca r*rier did not
transport the Claimant to his new work point. Rather, he used his personal vehicle.
The Claimant was entitle to be reimbursement for using his private vehicle'
because the Carrier i not furnis transportation to Blue Springs, Missouri. He
claimed 555 miles at the Carrier's authorized automobile mileage allowance. This is
ilea between s, s, n Blue Springs, is°. Carrier
compensated i f
ilex,
t difference ila t 1 i nie t
travel to his new work point (Blue Springs) and the mileage to his old work point
(Jefferson).
The Claimant was headquartered at Blue Springs through Friday, November 15
2, hen s vise that his headquarters was changed to Sulphur Springs,
Texas, distance f 559 miles. Again, the Carrier i not furnish transportation t
Sulphur Springs, his a 1 cati. n , yr , , t
Claimant use is personal vehicle t travel to Sulhr Springs, Teas. . He claimed 559
miles, the distance a his work poi t Springs) n i i
(Sulphur Springs). Inasmuch t distance between Clai t's residence
and
1 uri (132 miles) was less a t distance ti s (436 miles)
as not given n mileage allowance.
n vn November 26 and 27, 2002, the Claimant was headquartered at Mansfield,
Louisiana. Wednesday, November 2, a s advised t s i
a a uee , ka s s, distance f 177 7 miles. After the Thanksgiving
iY n irst , t Claimant reported t e, ss, n Monday,
December , 2 2, s instructed. Because rir i furnish Claimant
transportation t i r point, sis personal vehicle. 1 i
No. 37637
For ar
e Docket o: 1
iles, the distance between his former work point (Mansfleld) and his nroint
(DeQueen). Inasmuch as the distance between the Claimant's residence
and
De Queen
(11 miles)
as less than the distance from his residence to Mansfield (17 miles) h
not allowed
any
mileage allowance for the use of his private veicl to
tvel
t
DeQueen, his new work point...
n December 1, 200 , the Organization fled a claim on behalf f the Claimant
for 471.3, which it contends is the difference between the automobile allowance Claimant is entitled to pursuant to Rule of the Agreement en the parties an
the automobile allowance that the Carrier approve for his travel to his new work
locations n November 4, over r 25 and.December 2, 2002.
rrieni the claim contending that in accordance l) t
limant was properly travel this a k points in excess of the
travel that would have been required had he returned o his former k point.
Rule , relie on n by both parties, provides as follows:
"TRAVELING FROM ONE WORK POINT TO ANOTHER
(a) i spent traveling one k point t another (during
regular assigned hours, outside of regularly assigned hours or on
rest r holiday) shall i fort t straight tie rte.
(b) n lye who is not furnished es f transportation y. e
railroa company from n work point t another n who s
other forms f transportation for this purpose shall,
reimbursed r t cost such other transportation. If ' he uses
is personal automobile for this purpose in the absence of
transportation furnished t a railroa company shall be
reimbursed r such us f his automobile the Carrier
authorized automobile le mileage allowance. If an emplovee's work
oint is change during his absence fro the work point n rest
day- r holiday this paragraph
shall
M ]21v tang y mileage he is
re ire ed to travel to the new work point in excess of that reguiret..'
return the former r point." (Emphasis .)
Form 1 a. 37637
of . 1
_ _3®_
The Claimant's
change of work points t the end his workweek November
1 November 1 and November 7, Z002 o not fall squarely
within
a literal i f
Rule 5 (b). For instance, arguably language of le 5 ) relied on b the
rganization in support f the claim is inapplicable to the Claimant because hi not
travel "fro one work point to anoter." Rather, has release fro a one
location, s off work n his rest days and the Thanksgiving holiday, and tn travele
to his new work location at the beginning of the following workweek.n the other
hand, it can a argued that the last sentence of Rule (b) relied on by the Carrier was
inapposite tthe Claimant because e s notified of the three changes his rk
points while hs still t for point.
Because literal application l() ill not resolve tssu t
oard, it is necessa to rule 58 i its entirety t ascertain hat
it
No. 298 intended hen it crftt is contractual provision years .
In our judgment, Rule 5 intende to compensate an employee the
itionl cost he r she incurs hen required to travel to a new work point after his or
her rest days or holidays t a new work int is farther fro is r residence
than the former work point. Tat employee s vied f the n i i
work points t the en of the eecannt alter t intent f Rule .
When interpreting us contract provisions, construction t would
lead t unreasonable result should a avoided, if possible. T Organization's
application f l5 ) would lea to n unreasonable result, in the Boaropinion.
d's The Claimant is eeking n automobile mileage allowance for 5 miles n over
, 20 2, although traveled only 123 miles. . For December 2, 2002, he requested an
automobile mileage allowance 177 miles alth hough he commuted only 11 miles. Such
windfall was not the intent of f Rule 58(b) in our view..
Organization's application of Rule 5 ) old penalize t Carrier for
ivin employees the courtesy f notifying t f change in their work inf r t
following workweek they ere released t the en f the workweek for their rest
days r okays. The Carrier could have iteunil after the Claimant e
e work t begin his rest days an Thanksgiving holiday before notifying is ne point. f it done that, t Organization agrees that t Claimant
would note entitled to t ii mileage tclaimed v ,
s 11 c , 2002.
Form 1 Award No. 37637.
-38108
Page 5, Docket-No. SG
05-3-03-3-539
The Organization argues that Third Division Award 31505 is analogous to the
dispute before the Board, but we respectfully disagree. In Award 31505, the siLynal
employee used his personal vehicle to drive.directly from his fixed headquarters on
seven consecutive days then returned to his fixed headquarters after performing service
outside of his fixed headquarters'. We agree with Award 31505 that the signal employee
there was entitled to be reimbursed for his mileage. . However, those circumstances are
patently distinguishable from the instant case because the Claimant in the case before
us did not use his personal vehicle totravel directly from one work point to.anot her.
For all the foregoing reasons, we find that the Claimant is
not
entitled to the
travel mileage that he claimed and the claim is denied as a result.*
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 19th day of October 2005.