Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 40474
Docket No. SG-40069
10-3-NRAB-00003-070264
(07-3-64)
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman 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:
Claim on behalf of K. J. Cox, for $106.80 for mileage expense and $9.99
for noon meal expense, account Carrier violated the current
Signalmen's Agreement, particularly Rules 33, 75 and 80, when on
March 16, 2006, failed to compensate the Claimant for the expenses he
incurred when it required him to travel from Spring Creek, Nevada to
Winnemucca, Nevada, a distance of 120 miles, for a return to work
consultation after he had been released to return to work with no
restrictions on March 9, 2006. Carrier compounded this violation by
failing to respond to the Organization's appeal within the 60-day time
limit provisions of Rule 69. Carrier's File No. 1446621. General
Chairman's File No. UPGCW-75-1232. BRS File Case No. 13813-UP.
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 40474
Page 2 Docket No. SG-40069
10-3-NRAB-00003-070264
(07-3-264)
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.
The Board notes that this issue has been previously decided dispositively by
the Board in Third Division Award 40256. Accordingly, the claim cited above is
dismissed as moot.
AWARD
Claim dismissed.
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 14th day of May 2010.