PARTIES TO DISPUTE:

 BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
 FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC

RAILROAD COMPANY


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6279) that:




EMPLOYES' STATEMENT OF FACTS: Employe Sally Butler, who has a clerical seniority date of November 23, 1943 and a non-clerical seniority date of January 16, 1946 in Seniority District No. 44, is a furloughed employe, and is so shown on the seniority roster for that district issued January 4, 1966.


Employe Butler waived her rights to return to service on positions or vacancies of less than 30 days' duration as provided in Section (d) of Rule 12, and on January 12, 1966 accepted employment with the Montana Power Company at Butte, Montana.


Employe Butler resides in Butte, Montana with her mother, who is 69 years of age.


Under date of March 4, 1966, Superintendent W. F. Plattenberger addressed the following letter to employe Butler at Butte, Montana:





OPINION OF BOARD: As of March 4, 1966, Claimant was a furloughed employe who had waived her rights to return to service on positions or vacancies of less than thirty (30) days' duration in accordance with Rule 12(e) of the schedule agreement in effect between the parties here in dispute which reads in pertinent part as follows:



On March 4, Miss Butler was recalled to service, in accordance with the provisions of Rule 12 (d), to fill a vacancy of 30 days', or more, duration on Steno-Clerk Position No. 5131 at Deer Lodge, Montana, which is located approximately forty (40) miles from Butte, Montana, where Claimant resides. Rule 12 (d) reads as follows:



The record discloses that Claimant, following receipt of her recall to service of March 4, 1966, wired the Superintendent on March 7, 1966, that she would be "unable to report due to illness of my mother." The record further discloses that in a letter dated March 11, 1966, Claimant submitted a doctor's statement to the effect that Claimant's mother had "lately become invalided because of a heart condition, and that she should have someone readily available in case of emergency and also to help care for her", and, further, Claimant requested a 90-day leave of absence.


The Carrier took the position that Claimant per Rule 12 (d) did not give a satisfactory reason for not returning to service and, therefore, terminated her seniority.


The Employes, however, in the handling of this case on the property, as well as before this Board, have argued that Claimant's reason was satisfactory, and that pursuant to Rule 25 (a) of the controlling agreement, Claimant should have been placed on leave of absence. Rule 25 (a) reads as follows:


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We have carefully considered all of the facts in this case, and have concluded that pursuant to Rule 25 (a), quoted above, Claimant should have been placed on leave of absence due to the "sickness . . . of an immediate member of . . . family." We will sustain the claim.

 FINDINGS: The Third Division of the Adjustment Board, 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










Dated at Chicago, Illinois, this 21st day of June 1968.

 Keenan Printing Co., Chicago, 111. I'
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