PUBLIC LAW BOARD NO. 5606

Claim of the System Committee of the Brotherhood that:

1. The Agreement was violated when the Carrier failed and refused to compensate and reimburse Waste Water Treatment Plant Operator Charles V. Miller for expenses when he was required to attend classes to maintain his water treatment plant operator's license on June 10, 2004.

2. As a consequence of the violation referred to in Part (1) above, Waste Treatment Plant Operator Charles V. Miller shall be allowed one day's pay for June 10, 2004 when Mr. Miller attended a waste water treatment training class in. Livermore Falls, Maine, plus mileage to and from his headquarters. (Carrier File MW-042'7)

The Board, after hearing upon the whole record and all the evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended; this Board has jurisdiction over the dispute involved herein; and, the parties were given due notice of hearing thereon.

The claim giving rise to the instant dispute, and the respective positions of the parties in argument to the Board, are identical to that heard by the Board in Case No. 40, except that we have before us a subsequent date on which Claimant attended waste water treatment training classes in connection with maintaining his license as a Water Treatment Plant Operator under State of Maine law.

For the same reasons the Board set forth in its Findings in Award No. 40 in disposition of Case No. 40, the instant claim will be sustained to a like extent as stated in Award No. 40.

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