NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20678

THIRD DIVISION Docket Number CL-20708

William M. Edgett, Referee

(Brotherhood of Railway, Airline and Steamship

( Clerks, Freight Handlers, Express and

( Station Employes PARTIES TO DISPUTE:

(Pacific Fruit Express Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood

(GL-7612) that:

1. The Pacific Fruit Express Company violated the Agreement on November 15, 1972, when it notified J. H. Trujillo that he was automatically, considered out of s of the reason he advanced for not wishing to respond to the employer's recall notice.

2. J. H. Trujillo shall now be allowed eight (8) hours pay each work day at the pro rata rate of Iceman commencing November 15, 1972, and continuing until his seniority rights are properly restored.

OPINION OF BOARD: On October 4, 1972, Carrier sent Claimant a proper
"Notice of Recall to Duty", Claimant being the senior furloughed, unassigned employee on the seniority district. Claimant failed to report for duty, and as a reason for doing so he stated that he wanted to remain with his family.

On November 15, 1972, Carrier's Superintendent advised Claimant that under the provisions of Rule 13 (d) of the controlling agreement he was automatically considered out of service because of his failure to report and the unsatisfactory (d), then in effect, reads:

"13(d) An employe failing to return to service on a regular or bulletined position for which he has requisite seniority and is qualified, within fifteen (15) days after being notified (by certified mail or telegram sent to last address furnished by employe) or give satisfactory reason for not doing so will be considered out of service."

Since Claimant neither returned to service nor offered satisfactory reason for his failure to do so, rights under the provisions of Rule 13 (d). Awards 5799 (Carter), 10404 (Mitchell), 12993 (Hall), 20672 (Edgett).

Award Number 20678 Page 2

Docket Number CL-20708

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 June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: ~X4 ~~/

Executive Secretary

Dated at Chicago, Illinois, this 17th day of April 1975.