SPECIAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MGSSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement by failing to provide
Relief Foreman L. Bolton with an outfit car as is required by the
effective Agreement during June of
1958.
(2)
Relief Foreman L. Bolton be now compensated in the amount
of
103.80
which is for expenses incurred during June of
1958
on account
of violation of the Agreement referred to in Part 1 of this Claim.
FINDINGS
: By bulletin on May 14,
1958,
the Carrier created a position of
Relief Foreman on the Longview Subdivision and advertised it with
outfit car. Claimant, who was displaced while on his vacation, displaced onto
that relief job on May
19,
the first day it was scheduled to work. He started
work on the position at Kilgore and no outfit car was available there for
him. He filed an expense claim for May, which was paid, and has filed this
claim for expenses during June. He moved his headquarters to Jacksonville,
effective June
23,
where his outfit car was located, so any claim he had ended
at that time.
The Carrier contends that it has been the practice for a Relief
Foreman who wanted to use the outfit car to make request for the same, but it
appears that Rule 71-(b) requires the Carrier to provide such a car for their use
at the headquarters of the gang where service is performed or to allow the actual
necessary expenses for board and lodging. There is no question but what once
the car has been provided to the Relief Foreman, it is his responsibility to
have the car moved from place to place as his work assignments change. However,
the rule certainly requires the Carrier, when it establishes a relief position
by bulletin, to make the car available at the headquarters where service is to be
performed initially.
AWARD
: Claim sustained to June
22, 1958,
only.
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.
November
3, 1959