* CSX Transportation Inc.
 * (former Louisville & Nashville)
 Parties
 to the * and * Case No. 1
 Dispute
 * Brotherhood of Maintenance of Way Employes
 * *



          1. L. E. Wynn 180301** 24. M.A. Clemons 185571

          2. B.L. Wynn 187928. 25. J.H. Berkley 185704

          3. R. V. Washburn 187654 . 26. J.A. Edwards 187641

          4. L.W. Gay 188285** 27. D.W. Russell 187678

          5. B.S. Morgan 188321 28. C.F. Kays 187752

          6. L.D. Hansel 187630**F 29. R.R. Wells 187965

          7. M. elavina 187631*B 30. H.W. Aldridge 188079

          8. D.W. Hicks 187675 31. R.ii. Walton 108216

          9. .T. C. Hess 187841. 32. D.E. Steele 188303

        10. G.A. Smiley 187842. 33. S.D. Bonds. Jr.188411

        11. W.C. Downs 187883*** 34. C.H. Davis 188490

        12. F.L. Martin 188082 35. C. horn 196044

        13. G.B. Prater 188284 36. W.L. Reuter 629267

        14. J. S. Reams 188301 37. J. D. Durst 629307

        15. A.G. McFadden 188307** 38. D.R. Durst 629307

        16. J.A. Swartz 188382. 39. M.L. White 187958

        17. B.G. Gernert 188407 40. G.K. Bond 187190

        18. G.W. Hammons 188423 41. D.D. Henderson 197025

        19. F.L. Muncy 188426 42. G.D. Combs 522379

        20. T.R. Jones 188427 43. B. Colwell 188193

        21. W.F. Bronaugh 197021· 44. C. M. Marinski 629579

        22. 0.1 Johnson 188334** 45. G.A. Johnson 185748

        23. D.R. Cheek 187441· 46. D.M. Hall 187268

"Claimants should be paid all expenses due them under
 Arbitration Hoard Award 298, from June 13, 1988, and con
 tinuous until violation is stopped." _

 "On June 13, 1988, the Carrier started working Extra Gang 5C77, headquartered at 0`Hannon, KY. This Gang was abolished August 5, 1988."

 ,,On August 8, 1988, the Carrier again established Gang 5077, headquartered in Camp Cars at London, KY. Gang 5077 was a Timbering and Surfacing Gang, and should have been assigned Camp Cars."

 "Each claimant should receive 6.50 per day for meals and any expense incurred while working on Gang 5C77."

 "...Rules 47. Appendix No. 35 and Award 298 were violated..."

                OPINION OF THE BOARD


On June 13, 1988, carrier established a forty man Tie and Surfacing Gang at O'8annon, Kentucky. This Gang (Extra Gang 5077) was established with fixed headquarters at 0'Bannon and performed work between mile-post 43 and Milepost 15 on the L.C.L. Subdivision. The tie portion of the Gang (35 positions) was abolished on Augusts, 1988 ;the surfacing portion (5 positions) was abolished on August 26, 1988.
 On July 18, I988, Carrier posted a bulletin advertising a 35-man Floating Tie Gang. This Gang was to be housed in

                                              qglL-I


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camp cars and was to start work on August 8, 1988. On September 16, 1980, the Floating Gang was abolished. On April 3, 1989, a 90-man Tie and Surface Gang was reestablished with a Headquarters point at Butler, KY. When the 0'9annon Gang was abolished on August 5, 1989, and the Floating Gang established in camp cars at London, KY, the Union filed a claim contending that Carrier must pay Award 298 benefits (meal allowances and living expenses) to all employes involved from June 13, 1988, on. This claim was subsequently modified to include all employes who worked in the Butler Gang up to the time the Gang was abolished on June 9, 1989. The Union seeks meal money of $6.50 per day and other expenses incurred for all employes named in the claim.
 This Board has reviewed the record before it and it has concluded that while Petitioner's claim was filed in a - timely manner, it has no merit. Petitioner has not identified the Agreement Article that it alleges Carrier violated nor has it presented any evidence (receipts, cancelled checks, accounting records) to support its claim that employes were disadvantaged in any manner by the way in which Carrier established and abolished the three Gangs involved in this claim. This Board can find no rule that restricts Carrier's right to establish a Fixed Headquarters Gang and abolish that Gang when the work is completed at the location.
                        4


while Carrier used the same Gang number for the Fixed Headquarters Gang and the London Floating Gang, this Board does not consider these two Gangs to be a single Gang that should have been placed in camp cars and paid the meal . expenses from June 13, 1988, on.
 Carrier established a Fixed Headquarters Gang at O'Bannon. It made camp cars available for employes to use if they chose to do so. It did not, however, require employes to use the camp cars and the total Gang reported to work-each morning and went off duty each day at O'Bannon.
 The Gang was advertised as a Fixed Hoadquarters Gang and those who bid the jobs in the Gang were fully aware of the conditions. The O'Bannon Gang was abolished and the Floating Gang housed in camp cars with all allowances to be paid was established at London. KY. The Board sees no restriction against Carrier taking this action, just as it can find no restriction against Carrier abolishing the Floating Gang and establishing a Fixed Headquarters Gang at Butler, KY, six months later.
 A review of the material presented to the Board and the authority cited by Petitioner (Rule 47, Appendix No. 35, and Award 298) does not support a finding in the Union's favor.
 AWARD
The claim is denied.

 R.E. Dennis, Neutral Member

 B.C. Sweatt, Carrier Member

3- d.6 - ~0


Date of Adoption

 Marqu`Employe Member