PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES




STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6502) that:





EMPLOYES' STATEMENT OF FACTS: On April 21, 1967, the claimant in this case, Barbara J. Taylor, with seniority date of April 14, 1965, as listed on seniority roster dated January 18, 1967, addressed letter to

OPINION OF BOARD: Claimant was employed by Carrier April 14, 1965, as a stenographer-clerk, and on March 21, 1966, appointed to the excepted position of Secretary to the Secretary-Treasurer. On April 21, 1967, Claimant informed the Acting General Manager and the Chief Clerk to General Manager by letter that she relinquished her position as of that date, but wished to retain her seniority as a clerk.


Carrier wrote Claimant, on May 5, 1967, that her action was the same as a resignation or voluntary quit, and by simultaneously taking an unauthorized leave of absence was disqualified under the Agreement to exercise her former seniority.


So long as Claimant retained her excepted position she also retained her seniority rights. This is in accordance with Section IV, Rule 13 of the Agreement:




However, when Claimant relinquished her position, and, in effect, took unauthorized leave in anticipation of bidding for the next or some subsequent position, she forfeited her seniority rights. She would then have been required to re-enter the service of Carrier under Section IV, Rule 3 (a) of the agreement as a new employe.




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 20th day of February, 1969.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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