Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No.
10662
SECOND DIVISION
Docket No. 10201-.Z
2-WT-I-CM-'85
The Second Division consisted of the regular members and in
addition Referee T. Page Sharp when award was rendered.
( Rudolph Williams
Parties to Dispute:
( Washington Terminal Company
Dispute: Claim of Employes:
Petitioner seeks to be restored to his position as coach cleaner for
the Washington Terminal Company which is wholly owned by AMTRAK.
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.
Claimant has not worked for Carrier since July 24, 1980. After this he
marked off as sick. He had been in contact with the Medical Department of
Carrier on August 14, 1980. On February 2, 1981 he was sent a form to be
filled in by his physician which included a note that stated:
"Mr. Williams: Our last contact with you was 8-14-80.
Please have this form sent back to me as soon as possible.
NOTE: Prolonged disability you are required to furnish
proof on a monthly basis."
This note was sent return receipt requested mail and was returned marked
"Refused." The Carrier then sent him a notice that because of his conduct of
absenting himself for a period of more than five unexcused days, he was being
dropped from the Seniority Roster.
The Carrier heard nothing further from the Claimant until he filed with
this Board on April 11, 1983. It takes the position that the claim is time
barred by the Agreement.
Claimant cannot be held not to have received notice of the Carrier's
warning and actions. Notice to the last registered address of an employee is
notice to the employee. The Rule from the Agreement, Article V (b) states:
Form 1 Award No. 10662
Page 2 Docket No. 10201-I
2-WT-I-CM-'85
"(b) If a disallowed claim or grievance is to be appealed,
such appeal must be in writing and must be taken within
60 days from receipt of notice of disallowance, and the
representative of the Carrier shall be notified in writing
within that time of the rejection of his decision."
As a consequence of his neglect no conference was held on the property and
Claimant made no attempt to settle his dispute, if any. He cannot now come
before this Board after this large passage of time and have this Board hear
his complaint. The claim is time barred.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy . ~rer - Executive Secretary
Dated at Chicago, Illinois, this 4th day of December 1985.