Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12978
Docket No. 12798
96-2-93-2-144
The Second Division consisted of the regular members and in
addition Referee Robert E. Peterson when award was rendered.
(International Brotherhood of Electrical
( Workers
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Eastern Lines)
STATEMENT OF CLAIM:
"1. That in violation of the controlling agreement at
San Antonio, Texas the Southern Pacific Transportation
Company (Eastern Lines), without just cause, arbitrarily
removed the name and seniority date from the seniority
list, adversely affecting, failed to provide or allow
proper recall from furlough and withheld Claimant Senior
Maintenance of Way Electrician J. S. Crawford, from
service which is in violation of Rule 24 and 28.
2. That accordingly, the southern Pacific Transportation
Company (Eastern Lines) be ordered to return name and
seniority date of Electrician J. S. Crawford of San
Antonio, Texas to the appropriate seniority list, with
all seniority rights unimpaired."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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 claim here at issue asks for the restoration of the
Claimant's seniority rights.
Form 1 Award No. 12978
Page 2 Docket No. 12798
96-2-93-2-144
In Second Division Award 12772, involving the same parties and
the identical Claimant, the Statement of Claim was that the Carrier
be ordered to make the Claimant whole for, among other things, "all
service and seniority rights.11
This Board, in disposition of the prior claim held in Second
Division Award 12772 that the Carrier had failed to properly recall
the Claimant from furlough for a vacant assignment for which he was
qualified and entitled to hold "by virtue of his seniority
standing.,,
Nothing of record shows that the Carrier had failed to fully
comply with Award 12772, or, in particular, that the Claimant was
not returned to his prior and rightful place on the seniority
roster. The Board therefore finds no purpose to be served here by
revisiting the facts and circumstances which led to the adoption of
Award 12772, except to note that there is merit to the instant
claim if in fact there remains some hidden dispute.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant (s) be
made. The Carrier is ordered to make the Award effective on or
before 30 days following the postmark date the Award is transmitted
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 2nd day of February 1996.