CASE N0.
29
SSW FILE
47-366-2
SPECIAL BOARD OF ADJUSTMENT NO. 353
PARTIES) Transportation-Communication Employees Union
TO )
)
DISPUTE) St. Louis Southwestern Railway Company
STATEMENT OF CLAIM
:
Claim of the General Committee of the
Transportation
Communication Employees
Union on
the St. Louis Southwestern Railway,
that:
1. Carrier violated the Agreement by failing to reimburse
Extra Telegrapher T. R. States for certain expenses incurred by him
while traveling for Carrier in his personal automobile during the
month of May,
1964.
2.
Carrier shall reimburse Extra Telegrapher T. R. States
for necessary expenses amounting to $51.30 for mileage incurred in
the use of his. private automobile traveling for the Carrier in the
month of May,
1964,
less compensation already allowed, if any.
OPINION OF BOARD
:
Claimant was an extra Telegrapher residing at Jonesboro,
Arkansas, Prior to the claim here, Claimant worked three weeks at
Clarendon, Arkansas, April
6, 1964,
through April
24, 1964:
After
completing this work, Claimant was allowed five days' vacation
April
27
through May 1.
Claimant was advised by a message dated Aprir
29, 1964, as
follows:
"JN-12
CB BC PINE BLUFF APR 29,
1964
T R STATES JONESBORO
J T BLANK CAMDEN
HDH PINE BLUFF
E M HILL TYLER
~S
AWARD N0. 26
"STATES RIDE BUS TO CAMDEN AND PROTECT AGENCY CAMDEN
BEGINNING MONDAY MORNING MAY 4, RELIEVING BLANN FOR
VACATION. JOINT TRS JTB
HDH E
MH.
D-1993
WRH .. 147PM"
Claimant reported to Camden on May 4 and worked through
May 8. On May 7 he was instructed by message as follows:
"CBAN PINE BLUFF MAY 7
CD 4 T R STATES CAMDEN
CG 3. EMH TYLER
May 22.
BOWMAN WILL PROTECT HIS REGULAR ASSIGNMENT AGENT CAMDEN
BEGINNING MONDAY MAY 11 STATES RIDE BUS' TO STEPHENS AND
PROTECT AGENCY STEPHENS BEGINNING MONDAY MAY 11 DISPLACING
GILL. GILL PROTECT CAMDEN - FORDYCE SWING JOB BEGINNING
TUESDAY MAY 12 400AM AT FORDYCE AND REMAIN ON THIS SWING
JOB UNTIL FURTHER ADVISED.
BOWMAN, STATES AND GILL ACK RECEIPT AND UNDERSTANDING JT
WTB TRS HDG HDH EMH WEM C 371
WRH"
Claimant reported to Stephens on May 11 and worked through
Claimant submitted an expense account for May claiming 540
miles automobile allowance, 230 miles Jonesboro to Camden, 40 miles
locally at Camden, 20 miles Camden to Stephens and 250 miles Stephens
to Jonesboro.
Carrier returned Claimant's expense account with
instructions
to show bus fare from Jonesboro instead of automobile mileage.
Employes filed the present claim and it was denied by Carrier.
The Employes have attached a memorandum of agreement between
this Carrier and six organizations and identified it as T.C.U.
Exhibit 1.
This agreement reads in part:
"Transportation to be provided by the Carrier under the
provisions of this Article A will be by rail, company
operated highway vehicle or other mode of transportat-ion- .
designated by the Carrier. if use of commercial
liu'nis',°sg,
56~
353
authorized, employees will be reimbursed for bus
fare. Employees authorized to and who do use their
private automobiles will be allowed mileage by the
shortest practicable route at rate established from
time to time by the Carrier and may be required to
transport other employees authorized by the Carrier
-to travel with them.
"NOTE: Nothing herein shall be construed to require
an employee to use his privately owned automobile if he does not desire to do so.
"The Carrier reserves its right to designate the time
of travel and the kind of transportation to be used."
(Emphasis supplied)
The wording of this agreement is clear and the Carrier
has met its requirements. No where in the handling on the property
or in their submission have the Employes cited any rule or agreement to support their claim.
We will deny the claim.
FINDINGS: That the agreement was not violated.
AWARD: Claim denied.
Y'~
~~
~ CU1J:/
Don` J. Harr, hairman
d~ oCJ~a,/ n/
D. A. Bobo, Employee Member M. L. Erwin, Carrier Member
Tyler, Texas
December 28, 1966
6