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PUBLIC LAW BOARD NO. 4816





,artier
 o the * and * case No. 4
 >ispute ' *
 * Brotherhood of Maintenance of Way Employes
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      "Be paid the difference between Southern Region Rail Laying Gang rates of pay (No Wage Schedule attached, account Carrier has not provided such, as,per Rule 64), and that of wages paid them (while assigned to Rail Gang 6M25) and (any other employe who may be assigned thereafter).


      "Also, each claimant should be paid mileage, hotel expenses (if any), meal allowance of

      6.50 each calendar day, and 25.00 (each -

      claimant) for each week-end trip home.

      These payments should start January 4, 1988

      and continuous until the following viola

      tions are discontinued, Award 298, Appendix

      No. 27 and Past Practice.


    Account, claimants were assigned to Rail Gang 6M25...to commence work on January 4, -1988. This Rail Gang was stationary at Atmore, AL., without any benefits of Award 298.


      However, the Carrier had a set of Camp Cars shipped from Corbin, KY. (approximately 500 miles or more) to Fiomaton, AL., which is approximately 22 miles from Atmore, AL., and advised the employes that they could stay in the Camp Cars. But, would not roceive any benefits under Award 298."


                  OPINION OF THE BOARD


      This case involves a 48-man Rail Gang headquartered at

Atmore, AL. On January 4, 1988, Carrier established the
 Gang. It vas abolished on March 25, 1988. Petitioner con-

 tends thzt the Gang should have been established as a Camp

 Car Gang because Carrier moved camp cars about 500 miles and

 placed them in Flomaton, Alabama, for people in the Atmore

 Gang to use if they chose to do so.
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Carrier stated, however, that the employes would not get the benefits of Award 298 if they lived in the camp cars.
 This Board has reviewed three other cases involving Carrier's establishing Fixed Headquarter Gangs where it made camp cars available for employees to live in if they so 0 chose. The fact that Carrier makes these camp cars available for use by employes of Fixed Headquartered Gangs apparently sends false signals to the employes. The employes obviously think that because the camp cars are made available for use, the Gang should be classified as a camp car Gang and food and travel expenses paid. ':his Board, as well as others, has taken the position that since employes go on and off duty at the same headquarter's point each day, Carrier is not obligated to pay food, lodging, or travel expenses.

AWARD

The claim is denied.


              R.Ef-Dennis, Neutral Member


B .C. Sweats, Carrier Member N.Jj. MarquGi ar, Employe Member

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Bate of Adoption