SPECIAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) "The Carrier violated the effective Agreement by failing
to provide a bunk car for B&B Gang No. 1, Palestine Division, during
the period of August
3
to August
23, 1958.
(2)
The Carrier now allow Assistant Foreman F. W. Yarbrough;
Carpenters W. H. Carlile, G. W. Yarbrough, 0. M. Yarbrough, T. Hester,
and Carpenter Helpers W. L. Tennison and C. W. Itson, the amount of
their expenses, as claimed, incurred during the period referred to in
Part 1 of this Claim."
FINDINGS
: On August
3, 1958,
there was a small fire in a bunk car assigned to
B&B Gang No. 1 and it was away for repairs until August
21.
From
the evidence presented, it appears that most of the claimants lived in the
vicinity where they were working during that period, did not use the bunk car
before the fire, and used it only when working south of Mart. From the evidence
it also appears that two of the claimants stayed in the sleeping part of a
combination kitchen car and there is no evidence in this docket that anyone
incurred any actual expense because of the absence of this bunk car.
The rules make no provision for the Carrier to pay an expense allowance
if a bunk car is not available, and on the evidence presented by this docket the
claim cannot be sustained.
AWARD
: Claim denied.
SPECIAL BOARD OF ADJUSTMENT NO.
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