SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES ) Brotherhood of Railway, Airline and Steamship Clerks, Freight
TO ) Handlers,Express and Station Employes
DISPUTE ) and
Pacific Fruit Express Company
QUESTIONS 1. Did the Company violate Article II, Section 3 of the
AT ISSUE: February 7, 1965 Agreement when after requiring unassigned
employe S. Tovar, E1 Paso, Texas, to report for service on
a temporary position of Iceman at Tucson, Arizona, under
the terms of Rule 13 of the Agreement extant it failed and
refused to compensate him for travel time, lodging and
meals as set forth in Rule 20 thereof?
2. If the answer to the question in Item 1 is in the
affirmative, shall the Company now be required to allow
claim as presented in behalf of employe S. Tovar as here
inafter set forth?
OPINION
OF BOARD: Prior to May 5, 1972, Claimant was an unassigned employee at
E1 Paso, Texas, in Seniority District No. 10, which includes
both E1 Paso and Tucson facilities. On May 5, the Carrier advertised several
regular Rule 7 positions that were available and vacant at Tucson, including
the Iceman vacancy which is involved herein. Upon failure to receive any bids,
on May 11, 1972, the Carrier recalled Claimant pursuant to Rule 13; and he re
ported at the new location of his assignment on May 20, 1972.
Thereafter, within three days, a vacancy was advertised at El
Paso. Claimant submitted his bid, was accepted and returned to E1 Paso on
June 5, 1972. Thus, the instant claim seeks payment for travel expenses.
In this posture, in view of the conflicting contentions of the
parties, we believe their interests would be better served were the matter referred back to the property. Furthermore, our Board has previously determined
that we do not have the authority to consider claims for travel expenses. See
Award Nos. 54 through 60 and 143. Therefore, it is our considered opinion that
the parties are mandated to abide by the provisions of Section 3 of Article II
of the February 7, 1965 Agreement.
AWARD
The matter is remanded to the property pursuant to Section 3
of Article II of the National Agreement.
' r
M ray M. Rohman
II
e
tralMember
Dated: Washington, D. C.
October 26, 1973