PUBLIC LAW BOARD N0. 3460
Award No. 31
Case No. 31
PARTIES Brotherhood of Maintenance of Way Employes
TO and
DISPUTE Burlington Northern Railway Company
STATEMENT "(1) That Carrier violated the effective agreement when
0
TIM
declining to reimburse expenses incurred in April
F CL
1980 by B&B employees M. W. Middleton, F. J. Warner,
A. A. Mines, I. G. Richardson and 0. L. Arp as claimed
on their April 1980 expense accounts.
(2) Claimants now be allowed expenses in the amount of
$73.70 M. M. Middleton, $21.75 F. J. Warner, $42.80
A. A. Mines, $24.75 I. G. Richardson and $82.65 0. L.
Arp for expenses incurred in April of 1980."
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.
Claimants herein were assigned at Portland, Oregon, with working hours from
7:30 A. M. to 4:00 P. M., Monday through Friday. During April of 1980 each of
the claimants were required to work overtime on varying dates for a variety of
reasons. Each of the claimants was entitled to and received a second meal period
paid for at the overtime rate of pay in the course of these assignments. However, expenses for the meals were not paid by Carrier, triggering the dispute
herein.
These claims are identical in circumstance to those dealt with in Awards 12 through
15 of this Board. The issue is the same. Taking into consideration the arguments
raised by both parties in the earlier disputes before this Board, and in view of
the conclusion reached by this Board in Awards 12 through 15, particularly Award
No. 12,' the claims herein must be sustained.
AWARD
ORDER
PLB No. 3460
Award No. 31
Case No. 31
Claims sustained.
Carrier will comply with the awards herein within thirty
(30) days from the date hereof.
ie erma ,Neutral--C~irman
hodynsky,KarrigY Member
St. Paul, Minnesota
May22, 1985
H. Funk, mp oyef-Mer