SPECIAL BOARD OF ADJUSTMENT N0. 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 Agreement when it failed and refused to
reimburse Welder C. R. Rodieck for meal expenses incurred on and subsequent to
May
13,
1957
(2) Welder C. R. Rodieck be reimbursed for all meal expense incurred while
away from his headquarters at Mt. Pleasant, Texas on and subsequent to May 13,
1957. "
FINDINGS
: The Employees state that the claimant was assigned to a position of
Welder with headquarters at Mt. Pleasant, Texas on October 5, 1954, and
was reimbursed for
all. meal expenses incurred while working away from his headquarters until May 13, 1957, even though occupying an outfit car throughout said
period.
Employees further state that ever since the position of Welder was
established on March 22, 1927, expenses have been allowed for meals when the Welder
was away from his designated and fixed headquarters, even though outfit cars were
furnished for the convenience of the Welder.
Employees further state that on May 13, 1957, the Carrier substituted a
highway trailer for an outfit car theretofore furnished the claimant, and concurrently therewith notified the claimant that reimbursement for meal expenses
would henceforth be discontinued. However, all other Welders who continued to be
housed in outfit cars were allowed meal expenses while away from their designated
headquarters.
The Carrier states that on May
13,
1957, they furnished to the claimant
a house trailer as an outfit car and that said house trailer is fully equipped
with cooking facilities, as well as sleeping accommodations and therefore, it is
not now necessary for this claimant to secure meals at locations other than the
outfit provided for his accommodation.
The Carrier further states that the provision covering payment of expenses incurred by Welders is provided in Rule 7-14 of the schedule Agreement and
Interpretation thereto (which was modified by the 40-hour week and is now Rule 7-17)-
The Board finds from the evidence presented at the hearing that this
claimant should be reimbursed for meal expenses under Rule 7-14 of the effective
- 2 - AWARD
NO.
2
Agreement (Rule
7-17
of the Supplement Agreement). However, the Interpretation
agreed to by the parties of Rule
7-14,
reads as follows:
"Interpretation . . .
Rule
7-14:
Employees 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 outfit car or cars assigned to them for
their accommodation."
The Interpretation of Rule
7-14
does not mention Welders and Welders
cannot be considered in the clause "other similar positions" as their position is
not similar to a dragline operator, dragline operator helper, weed burner operator,
or disc machine operator.
The Board therefore finds that the actual expenses incurred by this
claimant in the purchase of groceries should be paid by this Carrier from May
13,
1957,
until the violation is corrected.
The claimant has submitted an expense account to this Carrier for the
month of June,
1957,
stating that he had expended the sum of
$2.25
for the days
listed for groceries during that month. It is difficult for this Board to believe
that this claimant actually expended the same amount x"or groceries on each day
listed during the month of June,
1957.
Therefore, the Carrier will reimburse this
claimant for the actual amount that he has spent for groceries from May
13, 1957,
until this violation of the contract by the Carrier is complied with.
AWARD: Claim sustained in accordance with the opinion.
(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
Tyler, Texas
September 30,
1959