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        PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

        TO )

        DISPUTE ) CSX TRANSPORTATION, INC.


        STATRME OF CLAIM


        Claim by 44 named claimants for meals or meals and mileage

        January 4, 1988 through February 2,1988 for benefits under the

        Agreement and Arbitration Award 298.

        DEMON OF BOARD

        On December 7, 1987 the Carrier advertised for 40 new positions on the PD&A seniority district eat the Mobile, Alabama Division identified as Gang SM76 commencing work January 4, 1988 located at Defuniak Springs, Florida. The assignment was specified as "permanent :.. to perform work required of job". The Carrier asserts that the purpose of establishing the new positions was for a specific track rehabilitation project in the Defuniak Springs area.


        Bulletin of December 23, 1987 awarded 27 of the 40 positions to PD&A seniority district employees who submitted bids. In the on-property correspondence, the Organization asserted that the Claimants were assigned the positions and required to report to those positions on January 4, 1988. The Carrier refuted that assignment assertion stating (see letter of May 25.1988, Carrier Ezh. F):


                The facts are that each of the employees) bidding on end being assigned to the positions within the gang headquartered at DeFuniak Springs were PD Subdivision employees and as such held seniority on the district where the gang was established. Many of those employees resided in and around DeFuniak Springs. Other employees were allowed to work within the gang: however, they did not bid on nor were they awarded these positions. There were employees from the former A&VVP Railroad who were furloughed who had no rights whatsoever to the positions they were allowed to work. There were also a few employees on the PD Subdivision who were furloughed B&B Employees who likewise had no seniority rights to the jobs in question. Being furloughed, and

·' ' ~'.: : LB 4604, Award 21
 1 Page 2

              t having received requests from those employees to be allowed to participate in the work, the Carrier allowed them to participate per their request Some of these employees simply showed up at the job site requesting that they be allowed to work and were permitted to do so.

      As further reflected in the on property correspondence, the Carrier assGrtt that the gang was established as a stationary gang: them was m need to provide lodging facilities and the specified project was completed and the gang was abolished on February 2,1988.

      The instant claim seeks meal expenses of $195.00 for the 44 named Claimants and in addition, for four of those Claimants, the claim seeks mileage expenses varying from $363.00 to $774.40. The Organization asserts such payments art: required in that

      .. Interpretation Nos. 8 and 12 of Arbitration Award 298 have been violated. Those interpretations state as follows:


              MPOTT Queatiem: Carrier establishes a system gang at a fixed location in a

              terminal area or classification yard without camp cars.

              Employes are recruited from all over the railroad system

              with their homes at various points, none of which

. maintain their homes in the vicinity of the terminal or
                    classification yard. Inasmuch as the employee art:

                    required to live away from their homes throughout their

                    work week, may Carrier escape provisions of I-A-3 and

                    B-3 and B-4?

                    Answer. Yes. Sec paragraph i of the memorandum of Board

    . conference of September 30,1967, which reads as

              follows: It was decided by the Board, that the

              provisions of Section I, shall not apply to employees

              where the men report fur duty at a fixed point, which

              remains the same point throughout the year.

              =RPRETATION·NO. 12


                    Question: Carrier practice over a period of many years has been to provide camp cars for gangs but camp car rules3n effect do not make it mandatory that cars be provided. Employes assigned to such gang art: recruited from an entire seniority district and work away from home while assigned to the gang.


                    May Carrier discontinue providing camp cars and escape payment under I-A-3?


,-~.,_:. ,~:::.:._:...-:err=...
                                            C-: LB 4504, Award 21

                                            Page 3

                  t Answer. s


                        An employee cannot be transferred from coverage of Section I into Section II manly by the discontinuance of camp cars andtor the designation of a headquarters point.


                        In applying the foregoing principles and guidelines to the specific question at issue hers, it is clear that the employees sae in a type of service contemplated within the coverage of Section L The, Carrier may discontinue providing camp cars but may hot escape payments trader Section I except in locations where the then report for duty at a fixed point which remains the same point throughout a period of 12 months or more.


              Third Division Award 22708 addressed a similar claim:


                Carrier defends their actions in this case on tile basis that the gang involved was established with a fixed headquarters for a specific construction project and for no other purpose; that, upon completion of the specific projxi, the floating gang ass established to perform work of a continuing, progressive nature; and. that camp can were therraftafumished to the·fioatiag gang as provided form

                  the Rules Agreement. -


                  In addition, Carrier argues that inasmuch as the project at Acme, North Carolina was discussed in considerable detail with the organization's representatives prior to the creation of the fixed headquarters gang and no substantial objections thereto were voiced, the employes are now estopped from advancing the type of claims outlined in the subject of this dispute. We find this argument persuasive if not convincing.


                It does not appear from this record that Carrier was attempting to circumvent any of the provisions and/or requirements of the above mentioned Rules or Interpretation when they established the fixed headquarters gang at Acme, North Carolina.


                There simply has been no showing in this case that the employes used were by nature of the work here involved the type of employes identified in the above mentioned Rules. The Rules Agreement has not been violated and we must, therefore, deny these claims.


            This is a contract dispute. As such. the Organization has the burden of


          demonstrating a violation of the Agreement. We cannot say that it has done so in this case.


          The evidence shows that the gang established at Defuniak Springs was stationary at a fixed


_.___ . p.~ ~. _ _--_ ,.-_ : _v: .-*-__~.--Y. a -_T .,___.T.a.^.4=;._:::--v`."'--· .. , ;.- _,_- R~:_:T.- _-.,:_
                                  ~'... 2LB 4604, Award 21

                                  Page 4


headquarters and was established for a specific project. Upon completion of the project, the gang was abolished. The Organization has not shown that the Carrier's actions were designed to avoid the providing of benefits under the govemiag rules. As in Award 22708, we must deny the claim. AWARD
      Claim denied.


                    Benn

                    Neutral Member


    J. Womble N. TINW~u-zr

    Carrier Member Organization Member


Jacksonville, Florida April 15,1991