B-123484, OCT. 30, 1957

B-123484, OCT. 30, 1957

TO MR. THOMAS A. TRACY, AUTHORIZED CERTIFYING OFFICER, NATIONAL MEDIATION BOARD:

YOUR LETTER OF OCTOBER 15, 1957, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ACCOMPANYING VOUCHER FOR $1,218.75, IN FAVOR OF FRANCIS J. ROBERTSON, FOR SERVICES PERFORMED DURING THE MONTH OF SEPTEMBER AS AN ARBITRATOR APPOINTED BY THE NATIONAL MEDIATION BOARD UNDER THE PROVISIONS OF THE RAILWAY LABOR ACT.

IN YOUR LETTER YOU PARTICULARLY REFER TO A CLAIM INCLUDED IN THE VOUCHER FOR A FULL DAY'S COMPENSATION FOR SEPTEMBER 11, 1957, FOR SERVICE PERFORMED IN CONNECTION WITH SPECIAL BOARD OF ADJUSTMENT NO. 192.

BY CERTIFICATE OF APPOINTMENT DATED MAY 8, 1957, MR. ROBERTSON WAS APPOINTED BY THE NATIONAL MEDIATION BOARD AS THE NEUTRAL MEMBER OF THE SPECIAL BORAD OF ADJUSTMENT NO. 192, SET UP UNDER THE PROVISIONS OF THE RAILWAY LABOR ACT, TO MAKE AWARDS IN A DISPUTE BETWEEN A CERTAIN RAILROAD AND ITS EMPLOYEES. LETTER OF AUTHORIZATION DATED MAY 8, 1957, ACCOMPANYING THE CERTIFICATE OF APPOINTMENT, BY DIRECTION OF THE NATIONAL MEDIATION BOARD TO MR. ROBERTSON, STATES:

"YOU WILL BE COMPENSATED AT THE RATE OF $75.00 PER DAY FOR EACH DAY ACTUALLY ENGAGED IN THE PERFORMANCE OF YOUR DUTIES OR IN TRAVEL IN CONNECTION THEREWITH AND ALLOWED $12.00 PER DIEM IN LIEU OF SUBSISTENCE IN ACCORDANCE WITH GOVERNMENT TRAVEL REGULATIONS WHILE SO EMPLOYED AND SERVING AWAY FROM HOME OR REGULAR PLACE OF BUSINESS. * * *

"YOU ARE HEREBY AUTHORIZED TO TRAVEL FROM WASHINGTON, D.C. TO BALTIMORE, MARYLAND, THE LATTER BEING THE PLACE AT WHICH YOUR DUTIES WILL BE PERFORMED AND RETURN TO WASHINGTON, D.C., AND SUCH OTHER NECESSARY TRAVEL AS MAY BE AUTHORIZED BY ACTION OF THE SPECIAL BOARD OF ADJUSTMENT * * *.'

SECTION 7 OF THE RAILWAY LABOR ACT, AS AMENDED, 45 U.S.C. 157, AUTHORIZES THE NATIONAL MEDIATION BOARD, IN CERTAIN SITUATIONS, TO NAME A NEUTRAL ARBITRATOR NECESSARY TO COMPLETE A BOARD OF ARBITRATION. IT PROVIDES THAT THE ARBITRATOR NAMED BY THE MEDIATION BOARD SHALL RECEIVE FROM THE MEDIATION BOARD SUCH COMPENSATION AS THE MEDIATION BOARD MAY FIX, TOGETHER WITH HIS NECESSARY TRAVELING EXPENSES AND EXPENSES ACTUALLY INCURRED FOR SUBSISTENCE, WHILE SERVING AS AN ARBITRATOR.

ON THE DAY IN QUESTION, NAMELY, SEPTEMBER 11, 1957, MR. ROBERTSON LEFT WASHINGTON, D.C., AT 8 A.M. AND TRAVELED TO BALTIMORE, MARYLAND. BALTIMORE HE ATTENDED A MEETING OF THE SPECIAL BOARD OF ADJUSTMENT NO. 192, AND UPON COMPLETION OF THE MEETING HE RETURNED TO WASHINGTON, D.C., ARRIVING AT 6:15 P.M.

THEREFORE, SINCE, ON SEPTEMBER 11, 1957, MR. ROBERTSON WAS ACTUALLY ENGAGED IN THE PERFORMANCE OF HIS DUTIES IN ADDITION TO TRAVEL IN CONNECTION THEREWITH IN ACCORDANCE WITH THE PROVISIONS OF THE LETTER OF AUTHORIZATION, PAYMENT OF A FULL DAY'S COMPENSATION IN THE AMOUNT OF $75 COVERED IN THE VOUCHER IS PROPER.

THE VOUCHER IS RETURNED AND, IF OTHERWISE CORRECT, IT MAY BE CERTIFIED FOR PAYMENT.