PUBLIC LAW BOARD NO. 2960
AWARD NO. 121
CASE N0. 155
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes
and
Chicago & North Western Transportation Company
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed and
refused to reimburse Mr. D. L. Grannon for the
personal expenses he incurred as a result of
being held away from his assigned headquarters.
(Organization File 2T-4469; carrier File 81-84-102)
(2) Claimant D. L. Grannon shall be reimbursed $215.00
for the expenses he incured from November 24, 1983 to
December 23, 1983.
OPINION OF THE BOARD
This Board, upon the whole record and all of the evidence,
finds and holds that the Employe and Carrier involved in this
dispute are respectively Employe and Carrier within the meaning of
the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute involved herein.
The basic facts are essentially undisputed. Prior to October
26, 1983, the Claimant was employed as an Assistant Foreman on a
Central Division Rail Pick-Up Gang. On October 26, 1983,
Claimant was assigned by Bulletin No. 538 to an Assistant
Foreman position on a Rail Gang performing construction work at
that time on the same Division. However, Claimant was not
physically released from his former position to assume his new
duties. The Claimant then submitted an expense account on
December 23, 1983, claiming a total of $307.00 in camp car and
mileage expenses on the basis that he was "held away from his
assigned headquarters." The expense account was reduced by a
total of $215. The Carrier disallowed meal claims for November
24, 25, 26 and 27, 1983, since the Claimant was voluntarily
absent from work on November 28. The remaining $182 of the
disallowance related to the Carrier's contention that the
Claimant was not entitled to mileage under the facts surrounding
the claim.
The Organization relies on the following rules:
"(a) All new or vacant position of
a
class coming within
the scope of this Agreement, known to be of thirty (30)
calendar or more days duration, will be bulletined for a
period of ten (10) calendar days and assigned within seven
(7) calendar days subsequent to termination of the
bulletin.
"Employes assigned positions on bulletins must take
position assigned to within thirty (30) calendar days,
unless prevented from doing so by illness, leave of absence
or other good and sufficient reason."
Rule 46:
"Employees will be reimbursed for cost of meals and lodging
incurred while away from their regular outfits or regular
headquarters by direction of the Company whether on or off
their assigned territory. This rule not to apply to
employes customarily carrying midday lunches and not being
held away from their assigned outfit cars or headquarters
two hours beyond normal quitting time."
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It is the opinion of the Board that neither of these
Rules support a claim for mileage. Rule 16(a) clearly relates
only to bulletins and similarly Rule 46 provides only for meals
and lodging while away from one's regular outfit. Neither Rule
relates to mileage expenses. Moreover, no mileage expense was
incurred.
With respect to the deduction for meals, this appears to be
proper since the Claimant's absence on November 28 is
undisputed and since both the rail gang and rail pickup gang
were bulletined under Rule 47. Rule 47 provides, in pertinent
part, for "camp car" expenses consisting of a fixed lodging
allowance of $11.75 per day for each day of service rendered,
and a fixed meal allowance of $8.25 per day for each day of the
calendar week including rest days and holidays, "except that it
shall not be payable for work days on which the employee is
voluntarily absent from service, and it shall not be payable for
rest days if the employe is voluntarily absent from-service when
work was available for him on the work day preceding or the work
day following said rest days or holiday." Thus, regardless of
where he was working, either the rail gang or rail pickup gang,
the meal deduction was proper.
In view of the foregoing, the Claim is denied.
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AWARD
The Claim is denied.
---Fil Vernon, Mrman -'
ar o omay, mp ember mon, ar_r~er
Member
Dated: