Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
Award
No. 10611
SECOND DIVISION Docket
No.
10520
2-NIRC-EW-185
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Northeast Illinois Regional Commuter Railroad Corporation
Dispute: Claim of Employes:
1. That the Northeast Illinois Railroad Corporation violated the current
agreement, particularly Rules 23 and 27, on January 26, 1983, when it
improperly removed Electrician Helper Juan Oliva from the seniority list, and
it failed to recall Mr. Oliva from a furloughed status in seniority order.
2. That accordingly, the Northeast Illinois Railroad Corporation be
ordered to return Mr. Oliva to service with all of his seniority and other
rights unimpaired and compensate him for all lost wages in accordance with
Rule 34 and Rule 35.
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.
After a careful review of the entire record in this dispute, the Board
finds and holds that Claimant effectively resigned from Carrier's service in
June, 1980, and took employment with another Carrier. He thereby forfeited
any prior seniority rights that he may have had. The claim will be denied.
In view of our findings on the merits, we do not consider it necessary
to pass upon the procedural issues raised.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of Second Division
ATTEST: __
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of October, 1985