Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12983
Docket No. 12817
96-2-93-2-183
The Second Division consisted of the regular members and in
addition Referee Robert E. Peterson when award was rendered.
(Sheet Metal Workers' International
( Association
PARTIES TO DISPUTE:
(Denver and Rio Grande Western Railroad
( Company
STATEMENT OF CLAIM:
"1. The Carrier violated the agreement when they failed
to send T. W. Holland copy of side letter No. 5 to his
last known address.
2. That accordingly, the Carrier afford T. W. Holland
all benefits due him by Agreement signed May 21, 1991,
including attachment B and all side letters. That the
Carrier should be ordered to enter T. W. Holland's
seniority date of May 16, 1978 on the Colorado Division -
- Mechanical Roster."
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.
Form 1 Award No. 12983
Page 2 Docket No. 12817
96-2-93-2-183
The dispute at issue arises from a contention that the Carrier
"failed to send" the Claimant copy of Letter No. 5 to an
Implementing Agreement which the Carrier entered into with its
employees represented by the Organization concerning the transfer
of work and employees from Sacramento, California, to Denver,
Colorado. Among other things, Letter No. 5 prescribed that
employees on furlough would be allowed the option to be placed on
the bottom of the appropriate seniority roster at D-::·rer, by
indicating such a desire, in writing, within 60 days from the date
the Agreement was signed.
It was agreed in Letter No. 5 that a copy of such letter would
be sent to each furloughed employee at Sacramento
11...
at their
last known address."
Study of the record as presented and developed supports the
conclusion that the Claimant had moved his residence in June 1990,
but failed to give the Carrier such a change of address. It may
not therefore be held that it was the fault of the Carrier that the
Claimant did not receive timely notice of the rights and benefits
for furloughed employees as set forth in Letter No. 5.
Accordingly, the claim will be denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 2nd day of February 1996.