NEW YORK CENTRAL RAILROAD, Eastern District (except
Boston and Albany Division) and New York District
and
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
STATEMENT OF CLAIM: Petitioner was arbitrarily deprived of his seniority rights without just cause or proper notice. Said deprivation of seniority rights has resulted in a substantial loss of income to petitioner, and he seeks an award to compensate him for said loss.
OPINION OF BOARD: In the instant case, there is no denial in the record of Respondents' statement of facts, viz., that, on November 1, 1956, Claimant Kudiak voluntarily relinquished a regular position as crossing watchman at Canandaigua, N. Y., to work extra as crossing watchman at Rochester N. Y. In so doing, we conclude that, under rules of the agreement in effect between the Carrier and the Brotherhood, Claimant forfeited the seniority he had acquired since his assignment to the position at Canan, daigua on December 1, 1948, and, therefore, there is no merit to his claim herein.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employe involved in this dispute are respectively Carrier and Employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and