Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10233
SECOND DIVISION Docket No. 10262
2-PFE-CM-'85
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen when award was rendered.
( Brotherhood Railway Carmen of the United States and Canada
Parties to Dispute:
( Pacific Fruit Express Company
Dispute: Claim of Employes:
1. That the Pacific Fruit Express Company violated Rules 20 and 37 of the
controlling agreement and Sections 6(a), 7 and Attachment 4#2 of the
Agreement of March 4, 1980, when they arbitrarily terminated Carman
H. E. Kramer's employment although he (Kramer) only resigned from
Watsonville, California and asked that his name be retained on the
Carmen's roster at Roseville, California.
2. That the Pacific Fruit Express Company violated the Letter of Understanding
of August 13, 1982, whe Manager of Industrial Relations, Mr. T. D.
Walsh, failed to make reply to General Chairman Baker within 30 days
following conference held on August 17, 1982. ,
3. That accordingly, the Pacific Fruit Express Company be ordered to
return Carman H. E. Kramer's name to the Carmen's seniority roster at
Roseville, California thereby retracting their letter of November 2,
1981, and give Mr. Kramer all his benefits unimpaired provided under
the agreement.
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 employes within the meaning of the Railway 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.
The Claimant was employed as a Carman at the Carrier's facility in Watsonville
California.
Form 1 Award No. 10233
Page 2 Docket No. 10262
2-PFE-CM-185
In a letter dated October 31, 1981, to the Carrier, the Claimant tendered
his resignation from his "assignment ***" at Watsonville, citing the "pressure
of working at Watsonville" and the "financial strain of
maintaining two
residences"
(a home in Lincoln, California and an apartment at Watsonville). He requested
that his name remain on the Carrier's seniority roster at Roseville, California.
By letter dated November 2, 1981, Superintendent E. H. Bolas informed the Claimant
that his resignation was "a resignation from Company service and not one from
one location since there are no partial or point resignations".
The record fails to disclose any claim or exception in writing which was
filed within 60 days from the November 2, 1981 acceptance by Superintendent
Bolas of the Claimant's resignation from the service of the Carrier. Since the
instant claim was not filed within the prescribed time limit under Rule 36, no
consideration can be given to the merits of the claim and it is disallowed.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest `''Nanc J ever - Executive Secretary
v
Dated at Chicago, Illinois, this 23rd day of January 1985.