PUBLIC LAW BOARD N0. 3460

' Award No. 15
Case No. 15
PARTIES Burlington Northern Railroad Company
f~ and
DISPUTE Brotherhood of Maintenance of'Way Employee
STATEMENT- "Claim of the System Committee of the Brotherhood that:
CAL M- '
(1) That Carrier violated the effective agreement when
declining to reimburse Sectionman Rodney Theisen a
$5.50 expense .incurred September 4, 1980, claimed
on a September 1980 expense account.
(2) Sectionman Rodney Theisen now be allowed the $5.50
expense for September 4, 1980, denied by his Road
. master."

FINDINGS-'

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.

The claimant herein was working on September 4, 1980,- in the gang with the Foreman involved in Award No. 12 of this Board. The circumstances are identical to those described in Award No. 12 and in this case, as well, claimant was denied reimbursement for his meal expense while being permitted thirty minutes for 'a meal period that night. Since this case is identical with the circumstances described in Award No. 12, for all the reasons indicated and taking into consideration the arguments advanced by both parties in that dispute, the claim must be sustained.

Claim sustained.
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ORDER

Carrier will comply with the award herein within thirty (30) days from the date hereof.

I.-M. Lieberman, Neutral-Chairman

. Ho yns y;' a a F.-H. Funk, Employe-_- Member

March 9 , 1985