Award No 9248
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Docket
No.943'7
SECOND DIVISION 2-ICG-S119-'
8.2
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( AFL-CIO Sheet Metal Workers' International Association
Parties to Dispute:
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes:
1. The Illinois Central Gulf Railroad violated the provisions
of the controlling agreement when they improperly removed
Sheet Metal Worker John R. Batte from the Apprentice,
Sheet Metal Workers Seniority Roster following his resignation
as Machinist Apprentice, dated April
30, 1971.
2. That accordingly, the Company be ordered to correct the
1980
Seniority Roster for Sheet Metal Workers under the Schedule "A"
Agreement in McComb,, Mississippi, in as appropriate manner which,
will reflect Mr. Batters actual service as a Sheet Metal Worker
Apprentice, had the Company not improperly removed his name
from the roster.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the Ra31wa~
Labor Act as approved June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein
.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was hired as a Sheet Metal Worker Apprentice in April of
196+.
For the next six
(6)
years he worked in such capacity, except for
military service leave and periods of furlough. On April
7, 1970,
the Claimant
was last furloughed as a Sheet Metal Worker Apprentice. Shortly thereafter, he
was hired as a Machinist Apprentice and worked at that position for approximately
one year; on April
30, 1971,
he submitted his resignation as Machinist Apprentice
for the stated purpose of accepting other employment outside the Carrier. The
next contact with the Claimant came when he was rehired as a Sheet Metal Worker
(Pipefitter) on February 20,
1979;
his seniority was established as of that date.
When the
1980
seniority rosters were published, issue was taken by the Claimant
with his February 20,
1979
seniority date.
The Organization contends that the specific language and intent of the
Claimant's letter in April of
1971
was to resign as Machinist Apprentice and not
as Sheet Metal Worker Apprentice. Per the Organization, the Claimant should have
continued to be carried as a Sheet Metal Worker Apprentice in a fu-lough status,
subject to recall and that his seniority date, consequently, should reflect all
Form 1
Page 2
Award No. 9248
Docket No.
943?
2-ICG-SMW-182
service as a Sheet Metal Worker Apprentice. The Carrier contends that the
Claimant terminated all service by his resignation in 1971 and was rehired in
1979.
The Carrier also cites two time limit Rules, one involving seniority rosters
(Rule 32) on which the Claimant should have been listed but which was devoid
of his name for seven years without protest. The other time limit Rule
(37 (a)j
requires an employee to raise the issue within 60 days of the date of the
occurrence of the disputed event -- a time period, per the Carrier, far exceeded
by the Claimant's inaction.
We need look no further than the Claimant's resignation in assessing
this case. While it is obviously in his own interests to conclude that his
resignation was only from one craft, it was not within the Claimant's authority
to limit such action unilaterally. It is well-established that as employee
sacrifices all rights and benefits by the voluntary cessation of service.
If the Claimant had some other intent in mind (e.g. to go back to furlough status
as a Sheet Metal Worker Apprentice) he would have done well to have sought
advice and/or approval from the Carrier before terminating employment. He did not
and the result was an end to all rights and benefits, including seniority. His
status in
1979
was that of a new hire.
AW A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad. Adjustment Board
NATIONAL RAILROAD ADJLTSTNSOT BOARD
By Order of Second Division
.,-fk'se:narie Brasch - Administrative Assistant
Dated' at Chicago, Illinois, this 22nd day of July, 1982.