SPECIAL BOARD OF ADJUST~iLNT N0.
541
BROTHERHOOD OF hAINT;3NANCE OF WAY Ei-iPLOYEES
and
ERIE LACICAWAIMNA RAILWAY COMPANY
STAT&tENT OF CLAIM:
1. Crane Engineer, Mr. Lester J. Wright be allowed his claim for all
travel time hours involved from April 7,
1965,
until the condition has been
corrected, and
16 1/2
hours travel time which has been disallowed prior to
April 7,
1965.
FINDINGS:
Claimant, the regularly assigned operator of Crane
03169
headouartered
at Croxton, New Jersey, seeks travel tine to and from Croxton for the period
during which assignments took him away from that headquarters point.
Petitioner's theory is that when Claimant was reouired to leaveCroxton
to work elsewhere, it became Carrier's responsibility to provide him with
facilities for meals and lodging at the away-from-home point or to allow him
travel time between that point and Croxton. There i,- -':rit in Petitioner's
position, particularly since Rule
25
provides that "w~ :.e away from home
location, employees will be paid actual necessary expe. es, only when not
returning to home location daily."
While Carrier could have taken care of the situation under Rule 18(C)
by assigning Claimant to a camp car, furnished and maintained in accordance
with the requirements of Rule 36, the record is clear that it failed to do
so. Casual references by Carrier supervisors to camp cars where he might stay
if he so desires are not the equivalent of an assignment. What is contemplated by Rule 18(c) is a clear and definite assignment to a specific camp car.
Under thesecircumstances, we would sustain a claim for expenses for travel
time if there were evidence in the record that they actually were incurred.
However, there is no proof that he actually travelled to and from Croxton
on those days.
While we agree that an employee is entitled to reimbursement under the
terms of the Agreement for expenses incurred when required to work away
from his headquarters area, we will deny the claim inasmuch as there is no
proof of any actual expense. We are not disposed to require a money payment for travel that has not taken place.
AWARD: Claim denied.
Adopted at New York, N.Y., August
13, 1969
/s/ Harold Pi. Weston
HAROLD M. WESTON, NEUTRAL
/s/ A. J. Cunningham /s/ R. A. Carroll
ORGANIZATION kIMMER CARRIER MJ