C 0 P Y
PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTIMT N0.
366
FARTIES TO DISPUTE:
Brotherhood ox" Mintenance of May Employes ) Case No. 12
and ) Award No.
12
Southern Pacific Lines in Texas and Louisiana )
(Texas and New Orleans Railroad Company) )
SRATEMENT OF CIAIFQ:
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement when it failed and refused
to reimburse Section Foreman Dan Giesalhart for expenses incurred while relieving
various Section Foremen on the Victoria Division during the months of July and
September of
1958.
(2)
Mr. Dan Giesalhart be reimbursed in the amount of
$21+5.95
because of
the violation 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.
The Organization states that the carrier violated Article XV, Rule
9, which
makes it mandatory that the Carrier allow actual expenses for travel as well as
meals and lodging for certain employees who were required by the direction of
management to leave their home station.
The Carrier states that the claimant was performing an exercise ox" seniority in
filling the assignments referred to in this docket. The Carrier states that under
Article VIII, Rule
6,
that employees accepting positions in the exercise of their
seniority rights will do so without causing expense to the Carrier.
From the record in this case, the claimant was exercising his seniority in
filling the assignments referred to in this docket. He had asked the Carrier for
this extra work, and he could have refused the extra work-if he so desired. The
claimant was not required to leave his home station. He is not entitled to be paid .
by the Carrier for his expenses away from home. No rule of the effective agreement
has been violated by the Carrier. This claim will be denied.
AWARD: Claim denied.
(s) Thomas C. Begley
Thomas C. Begley, Chairman
(s) A. J. Cunningham (s) L. C. Albert
A. J. Cunningham., Employee Member L. C. Albert, Carrier Member
Dated at Houston, Texas
December
17, 1962.