PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES




STATEMENT OF CLAN: Claim of the System Committee of the Brotherhood (GL-6842) that:



OPINION OF BOARD: Claimant was employed by the Carrier as a Gateman in the Passenger Department on July 2, 1966 and established seniority as of that date under the Clerks' Agreement of October 1, 194'2, reprinted and revised as of June 1, 1961 and under the Usher's Agreement of April 5, 1939. In February, Claimant was placed on furloughed status. On June 16, 1969 Claimant was employed as a Track Laborer and worked under the Agreement between the Carrier and the Maintenance of Way Organization. While Claimant worked as a Track Laborer he maintained his seniority rights under the Clerks' Agreement.


On September 16, 1969 Claimant was cited for violation of company rules in that he failed to report for work on several days in the months of September. Claimant was notified to report for investigation on Sepember 22, 1969. Claimant did not appear for the investigation and he was dismissed from service.


Concurrent with the dismissal Claimant's name was dropped by the Carrier from the Clerks' rosters. Claimant asserts that because he retained his seniority under the Clerks' Agreements he is entitled to the protection of the discipline provisions (Rule 19 of the Clerks' Agreement and Rule 14 of the Ushers Agreement) before he can be removed from the Clerks' roster.

The right of the Claimant to exercise his seniority rights under any agreement depends on there being in existence an employe-employer relationship between Claimant and the Carrier. A procedurally correct and substantively well based dismissal of Claimant effectively severed that relationship. A condition precedent to the right to invoke the discipline rules of the Clerks' Agreements was extinguished with said dismissal.


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 12th day of March 1971.

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