SPECIAL BARD OF ADJUSTMENT
N0.
279
BROTHERHOOD OF MAINTENANCE OF WAX EMPLOYES
versus
MISSOURI EACIFIC RAILROAD
COMPANY
STATEMENT
OF CIAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing to
assign to Relief Foreman L. Bolton a bunk car, properly
equipped and in suitable condition, for his use during
October,
1958.
(2)
The Carrier shall now reimburse Claimant Relief Foreman
L. Bolton in the amount of
$$72.20
for expenses incurred
on account of this violation of the Agreement referred
to in Part 1 of this claim.
FINDINGS:
In this case there is a direct conflict in the evidence as to whether
the claimant lived in the car provided for him at Waco and whether he
made any complaint about the condition of the car. There being no other evidence
than the statements of the claimant and of the roadmaster, we can only find that
the claimant has not sustained his burden of proof to establish that his claim-is
valid. _
Additionally, it should be noted that Rule
25
is not applicable to
this type of situation but it is an expense and pay rule for Temporary or Emergency
Travel Service.
AMRD: 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
August
9, 1962
File BMWE
29-58