Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11904
SECOND DIVISION Docket No. 11593
90-2-88-2-106
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/ A Division of TCU
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM:
1. That the St. Louis Southwestern Railway Company violated the
controlling agreement, particularly Rule 18-4, when they did not properly
recall Carman Painter 0. L. Fuller from furlough, Pine Bluff, Arkansas.
2. That accordingly, the St. Louis Southwestern Railway Company be
ordered to compensate Painter 0. L. Fuller in the amount of eight (8) hours
pay for each day he has been withheld from service, Travelers, Aetna and
Provident coverage, credit for each day for Railroad Retirement and allow
vacation credits from May 19, 1987, until he is restored to service.
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.
In this matter it is argued that Carrier failed to properly recall
Claimant. The facts before us demonstrate that Claimant's recall letter was
sent certified mail to his last known address. The Postal Service made two
attempts to effect delivery. The letter was returned to Carrier as "unclaimed." Rule 18-4 of the Agreement requires that furloughed employees keep their
employing officer and local committee informed of any change in their address
and provides for the automatic forfeiture of seniority of employees failing to
return to duty after being notified that they are being recalled. Claimant
did not report for duty after proper notification was given, nor did he offer
an acceptable reason for not accepting delivery of his recall notice. Accordingly, we are without a basis for altering the automatic seniority forfeiture
provisions of the Rule. The Claim will be denied.
Form 1 Award No. 11904
Page 2 Docket No. 11593
90-2-88-2-106
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
000,
Attest: ..
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 1st day of August 1990.