PUBLIC LAW BOARD NO. 4431
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
Parties
to the V. : Case No.4
Dispute
BURLINGTON NORTHERN RAILROAD COMPANY
STATEMENT OF CLAIM
1. The Carrier violated Rule 56 of the Agreement when it
failed and refused to provide B&B Helpers D.G.Lode,
R. Greger and R.R. McDonald passage back to the point
where they were hired by the Company when the Carrier
laid them off on March 29, 1985.
2. Because of the aforesaid violation, the Claimants
shall be compensated for travel time, including
mileage expense for using private automobiles,
allowable under the provisions of Rule 35.
OPINION OF THE BOARD
Claimants Lode, Greger, and McDonald were laid off from
their respective positions. Since Claimants could not hold
other jobs, they proceeded by automobile to their homes.
Claimants, however, contend that Carrier is obligated to pay
them for time and expenses incurred while traveling.
Claimants rely on Rule 56 for support of their claim for
free travel:
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RULE 56. RETURN TRANSPORTATION
Employes laid off account of reduction in
force, will be passed back to point where
hired on the Company.
They relied on Rule 35 (B) to support the amount of
the claim:
RULE 35. TRAVEL TIME
B. An employe who is not furnished
means of transportation by the Company
from one work point to another and who
uses other forms of transportation for
this purpose shall be reimbursed for the
cost of such transportation. If he uses
his personal automobile for this purpose
in the absence of transportation furnished
by the Company, he shall be reimbursed for
such use of his automobile on a mileage
basis consistent with Company policy but
not less than fifteen (15) cents a mile for
the mileage from one work point to another.
This Board has reviewed the submission and is
compelled to conclude that the passed back language in
Rule 56 cannot be translated to mean that Carrier is
obligated to pay laid off employes expenses for returning to
their point of hire.
The fact that Petitioner has not filed a claim on this
issue since 1971 when passenger service and allfree
transportation of any kind was eliminated by Carrier is
indicative of the parties' understanding of Rule 56. We
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L/3 LI
support Carrier's contention that the instant claim has no
merit.
AWARD
The Claim is denied.
R. . Dennis, Neutral Member
U,CE'
Ih
61
Maxine Timberman, Carrier Member Bru h Glover, Employe Member
Date Approval