PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 280
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes )
and ) Case No. 42
St. Louis Southwestern Railway Company ) Award No. 42
STATEMENT OF CIAIM:
Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the effective Agreement by failing to
reimburse Machine Operator Ivel Thompson for his actual
necessary expense while engaged in operating the front end
loader over the territory between Naples and Lufkin, Texas,
commencing August 21,
1959,
and continuing as long as this
violation continues.
2. That the Carrier now reimburse Ivel Thompson for his actual
necessary expenses for meals and lodging while engaged in the
assignment referred to in part 1 of this claim.
FINDINGS:
Upon the whole record and all the evidence, after hearing, the Board finds
that the parties herein are carrier and employee within the meaning of the Railway
labor Act, as amended, and that this Board is duly constituted by agreement and
has jurisdiction of the parties and of the subject matter.
From the evidence produced from the record, the claimant was selected by the
Carrier to operate the machine involved in accordance with letter agreement of
January 30,
1959.
There is no requirement in that agreement that the Carrier pay
expenses or furnish an outfit car under the circumstances here involved. The
claim will be denied.
AWARD:
Claim denied.
(s) Thomas C. Begley
Thomas C. Begley, Chairman
(s) A. J. Cunningham
A. J. Cunningham, Employee Member
(s) M. L. Erwin
M. L. Erwin, Carrier Member
Dated at Tyler, Texas
November
19,
1962.