PUBLIC LAW BOARD N0. 3460
'Award No. 13
Case No. 13
PARTIES Burlington Northern Railroad Company
TO and
DI7PUTE Brotherhood of-Maintenance of Way Employee
STATEMENT "Claim of the System Committee of the Brotherhood,that:
(1) That Carrier violated the. effective agreement when-itdeclined to reimburse Truck Driver John W. Clark expenses.claimed for July, $5.90, August, $20.75 and
September, $5.65, 1980 Expense Account.
(2) Truck Driver John W. Clark, now be allowed the expenses for July $5.90, .August $20.75 and September $5.65,
1980, denied by his Roadmaster."
Upon the whole record, after hearing, the Board finds that the parties herein-are
Carrier and Employees within the meaning of the Railway Labor Act, as amended,
and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject. matter.
Claimant herein, working with the rail detector, was required to work until late
in the evening on July 19, August 21, August 22, August 26 and September 4, 1980,
changing out broken rails. On each of the days in question. claimant was permitted
time for a meaVafter having to work more than ten hours to accomplish his tasks,
but was not reimbursed for expenses of that meal. On each day claimant started to
work at 8:00 A. M. and,
in
each instance, worked at least ten hours. Also, on
each of-the days in question claimant was on his assigned territory, but not at
his headquarters point which was Elk River.
In all respects, the circumstances involved in this matter are virtually identical
with those described in Award No. 12 of this Board. In fact, claimant herein
worked with the Foreman involved in Award No. 12 on September 4, 1980. There is
no question, as in Award No. 12, that there was no emergency on any of the days
in which claimant was working the long shift. The arguments advanced by both
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Carrier and Petitioner are identical to those in Case No. 12 and, for the
reasons indicated, the Board in this case also.views the circumstances identically as those in Award No. 12 and, accordingly, must sustain the claim.
Therefore, for the reasons indicated in Award No. 12 in view.of the identity
of the facts, the award will be sustained.
AWARD
Claim sustained.
ORDER
Carrier will comply with the award herein within
thirty (30) days from the date hereof.
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T'M.
ie er an, Neutral-Chairman
V.-
oyns cy,
C
Carrier em er
.FTi.
Funk, Employe, Member
March-2?, 1985