PUBLIC LAW BOARD N0. 3460
Award No. 32
Case No. 32
PARTIES Brotherhood of Maintenance of Way Employes
TO and
DISPUTE Burlington Northern Railway Company
STATEMENT "(1) That Carrier violated the effective agreement when
Cb~L IMIM declining to reimburse Water Service Mechanic D. P.
Brown, $12.00 (21st), $12.00 (22nd) and $4.50 (28th)
on his June 1980 expense account.
(2) Water Service Mechanic D. P. Brown now be allowed the
$28.50 expense for June 1980 denied by his B&B super
visor."
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.
Claimant worked on his rest days on the dates indicated above due to the excessive volcanic ash attributible to the Mt. St. Helen's eruption. He worked past
his.tenth hour on each day in question. His claim on each of the days is for
the expenses attributible to the second meal period after the tenth hour. For
the reasons indicated in the earlier cases dealing with the identical issue
(Cases 12 through 15 initially), the claim herein must also be sustained. The
rationale expressed in the earlier cases is applicable in this instance as
well.
AWARD
Claim sustained.
PLB No. 3460
Award No. 32
Case No. 32
ORDER
Carrier will comply with the award herein within thirty
(30) days from the date hereof.
7. M. ~e erm
.4n
o yns cy, e` r F. H. Funk, mp oye -i~M~em erer
St. Paul, Minnesota
May2Z, 1985