cc: Mr. Frank McCullough"

Claim was timely and properly presented and handled by the Employes at all stages of appeal up to and including the Carrier's highest appellate officer.

The Agreement in effect between the two parties to this dispute dated December 1, 1952, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.

CARRIER'S STATEMENT OF FACTS: Claimants herein were all furloughed account reductions in force on dates prior to February 1, 1965. Their seniority was not cancelled by the Carrier on February 1, 1965, as stated by the Organization, but was cancelled on various dates after their individual furlough after they had not filed their name and address within fifteen (15) calendar days from date of being laid off in force reduction or displaced as. provided by Rule 14. They were all so notified by a joint letter under date of February 1, 1965.

Carrier complied with the requirements of the rule. Claimants did not. However, Organization now takes the position Carrier's compliance was improper and in violation of the Agreement; also, that Claimants were not covered by the rule.

OPINION OF BOARD: The 37 claimants were all laid off in force reduction. None could exercise displacement rights because there were no junior employes to displace. None filed his name and address with and advised the Carrier, in accordance with Rule 14 of the Agreement, that he desired to retain his seniority rights. All were later advised by the Carrier that they had lost their seniority rights.

"RULE 14.

NOTICE OF DESIRE TO RETAIN SENIORITY

(a) When an employe laid off by reason of force reduction or displacement desires to retain his seniority rights, without displacing a junior employe, he must, within fifteen (15) calendar days, file his name and address, with the Chief Engineer, and notify him of any subsequent change in address. A standard form will be prepared in triplicate, and a supply furnished all foremen and other employes not under the direct supervision of a foreman, for their use in connection with filing of name and address. The original of the form to be filed with the Chief Engineer, the duplicate to be forwarded to the General Chairman, and the triplicate to be retained by the employes. When forces are increased or unfilled vacancies occur, employe will be notified, and will return to service within ten (10) calendar days thereafter; failure to return to service within ten (10) calendar days, unless prevented by sickness or other unavoidable cause will result in loss of all seniority rights. If he returns to service and has complied' with the provisions of this rule, his seniority will be cumulative during the period of his absence." (Emphasis ours.)

"(a) When forces are increased, senior employes in the respective ranks, seniority groups and seniority districts, will be given preference in employment. An employe desiring to avail himself of this privilege must, within ten (10) calendar days from date of being laid off in force reduction or displaced, file his name and address in writing with the Director of Personnel with copy to the General Chairman. Such written notice must be given in duplicate and the officer to whom it is addressed will return one copy receipted to the employe. The employe must notify the officer to whom notice is given of any change in address. When forces are increased he will be notified and will return to service within ten (10) days thereafter. Failure to return to service within ten (10) days, unless prevented by sickness or other unavoidable cause, will result in loss of all seniority rights. If the employe returns to the service and has complied with the provisions of this rule, his seniority will be accumulated during the period of his absence."

The presence of the language printed in dark type in the revised Rule 5 is inconsistent with the interpretation of Rule 14(a) advanced by the Employes. This Board must interpret the Agreement to give meaning to all its provisions.

The Board holds that Rule 14(a) applies with equal force to all employes laid off in force reduction, whether or not there are junior employes to displace.

Awards similar to and consistent with this award are Award Nos. 4535 (Carter), 5909 (Douglass), and 9457 (Grady).

FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes 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

That the Agreement was not violated.

AWARD