Case No. SG-7-E
SPECIAL BOARD OF P.DJUSTT~9?NT M0. 605
PARTIES ) Brotherhood of Railroad Signalmen
TO ) and
DISPUTE ) Baltimore and Ohio Railroad Company
QUESTION
AT ISSUE: (a) Did Carrier violate and does it continue
to violate the February 7, 1965 hw diation Agree
ment when Mr. C. H. Adams, Signal Maintainer,
was not recalled to compensated service on the
Cumberland Division by March 1, 1965?
(b) Should Mr. Adams now be recalled to service
on the Cumberland Division?
(c) Should Mr. Adams nova be allowed pay for all
travel time, meals, lodging expenses, and any
wage loss incurred for each working day co;:,,^.:encing
March 1, 1965, that he is obliged to work on
another seniority district due to Management's
failure to recall him to service on his own seniority
district
by March 1, 1965?
OPINION
OF BOARD: On October 1, 1960 Claimant cans regularly assi.-r.ed and
held a Signal Maintainer's position on the Cumberland
Division with headquarters at Miller,
west
Virginia.
On February 2, 1965 his position cans abolished and he
was unable to displace on any position on his seniority district.
On February 3, 1965 Claimant accepted a position in the Signal
Department of Carrier's Akron-Chicago Division. He remained there
until June 1, 1965 when he returned to Miller, West Virginia as a
Signal Maintainer.
Both parties are in agreement that only the (c) portion
of the Issue To Be Resolved is in dispute since Claimant has returned
to his home seniority district and compensation adjustment were made
when they did not equal his guarantee.
The only question, therefore, is whether Claimant is
entitled, under the February 7, 1965 Agreement, to travel, meal and
lodging expenses incurred while working away from his home seniority
district.
The Organization bases Claimant's right to recover on the
grounds that."Carrier failed to recall Signal 'Maintainer eldams to a
position on his seniority district on March 1, 1965, in accordance
with the provisions of Article I, Section 1 of the Mediation Agreement."
Acarti .:o. 5'v
Case i:o. SC-7-.,
_ 2
There is no provision in Section 1, Article I o-= the
February 7, 1965 Agreement
which
requires Carrier to recall a
protected employee to his hon:c seniority district or.
March 1,
1965. Carrier's contractual obligation is to restore to active
service on March 1, 1965 qualified employees who are "on furlough"
as of the date of the Agreement. Claimant was not "on furlough" as
of February 7, 1965; he was "in active service" in another seniority
district. There is no provision, in any event, for the payment of
travel, meals and lodging under the Agreement.
AWARD
Parts (a) and (b) of the Issue are not in dispute; part
(c) is answered in the negative.
Nicholas H. Zu.. s
Neutral Tfemb
Dated:
Washington, D
. C.
April 23, 1969