Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37972
Docket No. SG-37438
06-3-02-3-479
The Third Division consisted of the regular members and in addition Referee
John R. Binau 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 (UP):
Claim on behalf of D: E. Beck, for $182.16 in mileage expense,
account Carrier violated the current Signalmen's Agreement,
particularly Rules 37, 70, and 80, when it required the Claimant to
use his personal automobile to travel between his residence and his
headquarters for work and trouble calls from May 8, through May
31, 2001, and denied reimbursement of his mileage expense. Carrier's
File No. 1277721. General Chairman's File No. N37 70-207. BRS File
Case No. 12084-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. 37972
Page 2 Docket No. SG-37438
06-3-02-3-479
The Claimant was assigned to the position of Signal Maintainer with
headquarters at Tama, Iowa, at the time of this dispute. The Claimant resides in
LeGrand, Iowa, approximately 15 miles from his headquarters. .On April 30, 2001
the Carrier instructed the Claimant to leave his assigned company vehicle at the
headquarters when he. was off duty after he made himself unavailable for
emergency calls.
In a letter dated May 4, 2001, the Organization requested that an Unjust
Treatment Hearing be held under the provisions of Rule 70 regarding the Carrier's
instructions to the Claimant to leave his company truck parked at his headquarters
rather than at home because he was unable to respond to a call on April 27, 2001.
Not receiving a response to the Organization's request for an Unjust Treatment
Hearing, the Organization in a letter dated June 14, 2001, filed the instant claim on
behalf of the Claimant.
The arguments made by the parties in this case are the same as those made in
Third Division Award 37971 involving the same Claimant. The only difference in
this case is that the mileage claimed is for a specific period whereas the claim in
Award 37971 was a continuing claim. The Board therefore finds, as it did in the
previous case, that there is no Agreement support to pay the Claimant mileage from
his residence to his headquarters.
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 25th day of October 2006.