Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11547
SECOND DIVISION Docket No. 11223
88-2-86-2-43
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Seaboard System Railroad
STATEMENT OF CLAIM:
1. That the Seaboard System Railroad Company violated the Controlling
Agreement, in particular Rule 23(b) when Electrician A. M. Castro's name was
unjustly removed from the seniority roster and terminated at Tampa, Florida.
2. That accordingly, the Seaboard System Railroad Company compensate
Electrician A. M. Castro in the amount of eight (8) hours pay per day at the
pro rata rate continuous from the date Carrier removed his name from seniority
roster until the date Mr. Castro is allowed to return to work and all other
rights accrue to his position at Tampa, Florida.
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 had been furloughed from his Electrician position in
Tampa, Florida in September 1982. On July 18, 1984, the Carrier sent a letter
to the Claimant, which was sent by certified-return receipt mail, to his address as shown on the records of the Carrier. This letter informed him that
he had been recalled to work at Tampa, Florida. The letter provided detailed
instructions as to whom to contact, physical examination requirements, etc.,
and it advised the Claimant that if he failed to contact the Carrier within
the next ten days or to give satisfactory reason for not doing so, his employment status would be terminated. The letter was returned to the Carrier
marked "Unclaimed" by the U.S. Postal Service.
On July 30, 1984, another letter was sent to the Claimant at the same
address used for the July 18th letter. In part, it stated that, because he
Form 1 Award No. 11547
Page 2 Docket No. 11223
88-2-86-2-43
had rejected the recall "per phone conversation with your wife on July 26,
140
1984", his seniority had been terminated. This letter also was returned mark
ed "Unclaimed" by the Postal Service.
The Claim at issue was submitted on December 26, 1984. The Claimant
mainly contends that the only contact he had with the Carrier was conveyed
through his wife; that the recall to work was for a temporary job; that he did
not receive either of the two certified letters; that at the time the Carrier
contacted his wife, he was in the process of moving; and that he left her work
telephone number so that he could be contacted should a permanent job -become
available.
The Claim was rejected by the Carrier on the basis that it was not
submitted in a timely fashion, in this case, sixty days after the Claimant's
July 30, 1984 termination. The Carrier also rejected the Claim on its merits
because the Claimant failed to respond to his recall to work within ten days.
Following further exchange of correspondence on the property, the
Claim was progressed to this Body for adjudication. Under the circumstances
prevalant herein, the Board concludes that this matter may be best disposed of
on its merits.
Rule 23(b) requires the Claimant to provide the Carrier with a proper
mailing address. He did not do so. Instead, he chose to rely upon a line of
communication that consisted of his wife's work phone number, as essentially
brought forth in the various pieces of correspondence of record. While there
are a number of contentions, the Claimant mainly relies upon his assertion
that the Carrier's vacancy was of a temporary nature. We find no substantive
evidence in the record developed on the property that the position for which
the Claimant was recalled was temporary.
In summary, while we appreciate the substance of the Organization's
arguments on the property and its vigorous stand before this Board, these can
not overcome the Claimant's own inaction. He was aware that a position was
available and that he had not provided a proper address to the Carrier. Under
the circumstances, it was incumbent upon him to take more positive measures to
assure open and clear lines of communication between he and the Carrier. His
failure to do so was at his peril.
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 31st day of August 1988.