SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. .293
Case No. 293
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific Railroad Company)
Statement
of Claim: (1) Carrier violated the current working agreement,
especially Rules 2, 18, 25 and 26, when on Friday, November
8, 1985, sixteen members of Gangs 5352, 8356 and 8263 who
were headquartered in the North Little Rock Terminal by
bulletin were instructed to report to Biddle Yard in the
Little Rock Terminal, which constituted a change of
headquarters.
(2) The sixteen employes involved should now be allowed meal
allowance of ;9.00 per day, travel time at the pro rata rate
for forty minutes per day, and mileage of twenty cents a
mile for twenty miles per day from November 8, 1985, until
employes are returned to their assignment headquarters.
Also, that claims be allowed to exercise seniority, if they
desire to, and that claim be allowed to each until they do
so.
Findings: This Board has jurisdiction by reason of the Parties
Agreement January 5, 1979.
These claims arose when the 16 claimants, who were
members of Section Gangs 5352, 8356 and 8263, were
instructed on November 8, 1988 to assemble at Biddle Yard
(Old Rock Island) some 3 1/2 miles away, to perform work
there required instead of assembling daily, as formerly, at
another area within the North Little Rock Terminal.
The Employees contend that the Claimants are entitled
to a daily meal allowance, 20 cents per mile, and travel
time of 40 minutes, until returned to their headquarters
and, if desired, that they each be allowed to displace
because of a change in their headquarters. The alleged
supporting agreement rules cited were 2-Seniority Rights,
18-Starting Time, 25-Temporary or Emergency Travel Time,
and 26-Meal and Lodging.
This is not a case of first impression. Previously,
our Board, in its Award No. 50, denied a similar claim,
holding:
-2- Award No. 293
"We note that Rule 25 provides that - Employes will not be
allowed time while travelling***between their homes and
designated assembling points***.
It is not reasonable to say that the former practice of
limiting assembly points to the St. Louis city limits for a
gang established to work west of the river (City of St.
Louis) is now applicable to the revised gang advertised to
cover the entire St. Louis Terminal. In view of the
provision of that rule that different assembling points may
be designated and its prohibition of time allowance from the
employes' home thereto, it appears that the claim is without
merit. That determination is confirmed by awards of the
Third Division, National Railroad Adjustment Board, No. 4527
and No. 588."
These claims, as therein, will also be denied.
Award: Claims denied.
n~
Sol
Hammons, Jr. Empl a Member Slfanndn; "Cagier Member
Arthur T. Van Wart, Chairman
and Neutral Member
Issued February 6, 1989.