AWARD N0. 10
CASE N0. 10
SPECIAL BOARD OF ADJUSTMENT NO. 280
PARTIES : The Brotherhood of Maintenance of Way Employes
TO
DISPUTE : St. Louis Southwestern Railway Company
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement when it failed to reimburse
Dragline Operator Helper L. D. Adkinson for expenses incurred while relieving Dragline Operator C. W. Whitus during the month of March, 1958.
(2) The Carrier now be required to reimburse Mr. L. D. Adkinson in the amount
of sixty-four dollars and thirty four cents ($64.34) because of the violation referred to in Part (1) of this claim."
FINDINGS
:
The employes state that the carrier violated the effective Agreement orhen it
failed to reimburse dragline operator helper L. D. Adkinson for expenses incurred
while relieving dragline operator C. W. Whitus during the month of March, 1958, and
that the carrier be required to reimburse the claimant in the amount of $64.43 because
of the violation.
The carrier states that on February 27th and again on March 20, 1958, dragline
operator C. W. Whitus, regularly assigned to the 19-B dragline, laid off account of
personal illness. On both occasions, claimant, regularly assigned as dragline
helper on the 22-B dragline, was used to relieve Whitus as dragline operator. Claimant occupied the position of dragline operator 19-B dragline, relieving Whitus on the
following dates: February 27 and 28, March 3, 4, 5, 6, 7, 10, 20, 21, 24, 25, 26,
27, 28 and 31, 1958. The claimant submitted his claim on form 3774 (Statement of
traveling expenses or other necessary amounts expended while in service of the company), for reimbursement of $22.80 allegedly spent for meals and $41.54 for use of
privately owned automobile in company service during March in moving from one job to
another, and to and from work location of the machine on the 14 days in March he
worked as drag73.ne operator.
The company informed the claimant that he was not entitled to reimbursement for
meals and he was required to submit a new expense account covering the automobile
expense covering mileage in the amount of $41.54. The claimant did not furnish a new
expense account as requested and, therefore, was not reimbursed for any expenses incurred during the month of March, 1958.
r
- 2 - AWARD N0. 10 - S
tISW
The carrier stated that under Rule
7-17,
Assignments Traveling, that the interpretation appearing on page
25
of the effective Agreement reads:
"gnployees occupying the position of dragline operator,
dragline operator helper, weed burner operator, disc machine
operator, and other similar positions, will be allowed actual
necessary traveling expenses when they are away from their
permanent headquarters and do not have an outfit car or cars
assigned to them for their accommodation."
This claimant was furnished with an outfit car.
The Board finds from the evidence produced at the hearing that an outfit car
was furnished to this claimant and, therefore, under the Interpretation of Rule
7-17,
the claimant is not entitled to the payment of his meals in the amount of
$22.80.
The claimant did not furnish to the carrier the proper statement for traveling expenses, and when the claimant does furnish to the carrier, on the proper form, his
expenses for the month of March, for the use of his own automobile used in traveling,
the carrier will reimburse him for same.
AWARD:
Claim denied in accordance with the Findings.
(s) Thomas C. Begley
Thomas C. Begley, Chairman
(s) A. J. Cunningham (s) M. L. Erwin
A. J. Cunningham, Employee Member M. L. Erwin, Carrier Member
Dated: May 18,
1960