NATIONAL RAILROAD ADJUSTMENT BOARD
THatD DIVISION Docket Number MW-20519
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the Agreement when it failed and
refused to recall furloughed Section Laborer B. W. Revelle on February
22, 1972 but assigned junior furloughed Trackman F. L. Bsuerle to section
laborer's position on section 16 at Edwardsville, Illinois (System File
MW-CTN-72-1).
(2) Claimant B. W. Revelle be allowed pay at the section
laborer's rate of pay for all time lost beginning on February 22, 1972
up to the date claimant begins working on his seniority district.
OPINION OF BOARD: The Employes contend that the Carrier violated the
Agreement when it failed to recall the Claimant, a
furloughed employee and assigned a ,junior furloughed trackman to a
position at Edwardsville$ Illinois.
The Carrier contends that the retention of seniority notice
filed by the Claimant was deficient in that it did not contain the
Claimant's address.
The pertinent provision of the Agreement, Rule 5(a) reads:
"Rule 5.--Retention of Seniority in Force Reduction.
(a) Employees laid off by reason of force reduction
desiring to retain their seniority, must file with their
superior officer, a written statement indicating their
desire, and setting out their address."
Claimant was furloughed on October 15, 19'17.. Claimant filed
a written statement with his superior officer concerning his desire to
retain his seniority and he set forth his address, "Madison, Illinois."
On January 26, 1972 three track laborer positions on Section 16,
Edwardsville, Illinois, within Claimant's seniority district, were
advertised and filled on February 10, 1972. One of the positions was
filled by a track laborer junior in point of seniority to Claimant.
On February 22, 1972, Claimant reported to the headquarters of Section 16
and sought to displace the ,junior employe. This was denied. The General
Chairman contacted the Carrier on about March 28, 1972 and the Carrier
made immediate effort to advise Claimant to report to work, which he did.
Award Number 20480 page 2
Docket Number MW-20519
We find that the Claimant had satisfactorily fulfilled the
requirements of Rule 5(a) and that the address "Madison, Illinois,"
minimally satisfies the address requirement. The Burden of Proof then
was on the Carrier to send a recall notice to the Claimant, and if the
address given by the Claimant in fact Oirned out to be non-deliverable,
the Carrier could no doubt have terminated the Claimant's seniority.
However, Carrier made no effort to contact Claimant and thus violated
the Agreement. The claim is sustained.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 ,)line 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claimant B. W. Revelle be allowed pay at the section laborer's
rate of pay for all time lost beginning on February 22, 1972 up to the
date claimant began working on his seniority district.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: Executive I I
cretary
Dated at Chicago, Illinois, this 25th day of October 1974.
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