SPECIAL BOARD OF
ADJUSTMENT N0.
279
BROTHERHOOD OF
MAINTENANCE OF WAY EMPIAYES
versus
MISSOURI PACIFIC BAMOAD COMPANY
STATEMENT
OF CIAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing
to equip camp car of Extra Gang Foreman Robert Boswell
as provided in Rule
33.
(2)
Extra Gang Foreman Robert Boswell be reimbursed for
actual expense incurred for meals and lodging during
the month of August
1957
in the amount. of
$95.20
on
account of this violation of the Agreement.
FINDINGS
: On June 14,
1957,
the claimant wrote to the division engineer
complaining about his camp car that the screen doors were bad and
mosquitoes were prevalent, also about the lack of water connection with the
shower. It appears that the Carrier officials neither investigated nor remedied
such complaints until the first week in September when the water was connected
to the shower. There is no evidence that it was not practicable to make such
connection in August and no evidence that the condition of the screens was
remedied. Thus it appears that there was a violation of Rule
33
and some
remedy is due to the claimant. His claim is for reimbursement for expenses
incurred for meals and lodging. The evidence in this case does not justify
allowance of the claim for meal expense so the appropriate remedy is allowance
of his expense for lodging, which amounts to
$42.50,
during the month of
August,
1957.
AWARD
: Claim sustained to the extent stated in the Findings.
SPECIAL BOARD OF
ADJUSTMENT N0.
279
_ (s) Dudley E. Whiting
Dudley E. Whiting - Chairman
(s) A. J. Cunningham (s) G. W. Johnson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
July 16, 1959