PUBLIC LAW BOARD NO. 6867
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
PARTIES
TO DISPUTE: and
UNION PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood
that:
(1) The Agreement was violated when the Carrier
failed and refused to pay System Gang employe S.
Leonard the travel allowance as provided in Rule 36
for the round trips made on March 24 and April i,
2003 (System File UPRM-9442T/1364782).
(2) As a consequence of the violation referred to in
Part (1) above, the Claimant S. Leonard shall now
receive compensation of seventy-five dollars ($75.00)
for the travel allowance for their aforesaid round
trips."
FINDINGS:
Upon the whole record, after hearing, this Board finds that the
parties herein are Carrier and Employees within the meaning of the
Railway Labor Act, as amended, and that this Board is duly constituted
under Public Law 89-456 and has jurisdiction of the parties and the
subject matter.
This claim raises the issue of the entitlement of Claimant to weekend
travel allowance for his round trip made on March 24 and April 1, 2003.
2
The following provisions of Rule 36 - Travel Service, are pertinent to this
dispute:
Rule 36 - TRAVEL SERVICE
Section 7 - End of Work - Week Travel
Allowance for Traveling Gangs.
(a) At the beginning of the work season employees are
required to travel from their homes to the initial reporting location,
and at the end of the season they will return home. This location
could be hundreds of miles from their residences. During the work
season the Carrier's service may place them hundreds of miles
away from home at the end of each work week. Accordingly, the
Carriers will pay each employee a minimum travel allowance as
follows for all miles actually traveled by the most direct highway
route for each round trip:
0 to 100 miles $ 0.00
101 to 200 miles $ 25.00
201 to 300 miles $ 50.00
301 to
400
miles $ 75.00
401
to 500 miles $100.00
Additional $25.00 payments for each 100 mile increments.
f) An employee filling a Group 20, 26 or 27 assignment who
completes a round trip from work to home to work will not be
granted an allowance pursuant to paragraph (a) of this Section
when any of the following conditions exist:
(1) the employee is absent without authorization on a work day
immediately preceding and/or following the rest days during which
the round trip was made;
(g) If none of the above conditions exist, such employees who
complete a round trip from work to home to work will be granted an
allowance pursuant to paragraph (a) of the Section.
Claimant was a member of System Tie Gang 9068 which was working
compressed halves, with their rest days scheduled from March 24 to 31,
2003. He traveled a round trip distance of 340 miles during this rest
period and reported to the work site on April 1, 2003 but was displaced
-PL
toard ' 16
before the start of his work shift on April 1 and was unable to make a
displacement until the following work day, April 2, 2003. Carrier denied
his claim for weekend travel allowance under Rule 36 for this round trip,
which led to the filing of the instant claim.
This case is similar in all respects to Case No. 13 recently dealt with
by this Board. In that case, four other members of the same gang found
themselves in the same position as Claimant on April 1, 2003. Since the
arguments of the parties and the underlying records are substantially the
same, they will not be repeated herein and their recitation in Public Law
Board No. 6867, Award 13 is incorporated in this decision. We do note
that there is no employee statement submitted with reference to Carrier's
practice concerning displacements in this record. This Board concludes
that all of the reasons stated in Award 13 and the rationale for finding no
violation of the Agreement by Carrier are equally applicable in this case,
and we adopt them in denying this claim.
AWARD:
The claim is denied.
l~"~argo R. Newman
Neutral Chairperson
- & ~-i4, !,
&-
Brant W. Hanquist
Carrier Member
Timotkly W. Kreke
Employee Member