NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21479
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship
Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(Grand Trunk Western Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8011, that:
1. The Carrier violated the current Working Agreement by
improperly removing furloughed Clerk Mr. B. Cottrell from the 1974
seniority roster.
2. The Carrier shall now restore Mr. Cottrell to his proper
position on the Grand Trunk Western Railroad seniority roster and
compensate him for all lost earnings from June 6, 1974.
OPINION OF BOARD: The Claimant was furloughed in late April, 1974.
On or abcut June 6, 1974, Carrier terminated his j
seniority in asserted compliance with Rule 15(b):
"(b) Employees desiring to protect their seniority
rights and to avail themselves of this rule must,
within seven (7) days from the date actually reduced
to the furloughed list, file their names and addresses
in duplicate in writing, both with the proper officer
(the officer authorized to bulletin and award positions)
and the Local Chairman, and advise promptly of any
rh~e in addresses or forfeit all seniority rights,
except in cases of personal illness or other unavoidable
causes. The official and Local Chain shall sign and
return to the employee as a receipt one copy of the
address or changes in address so filed."
The Employes, in submitting this claim, allege a violation
I
of Rule 26 "Investigation."
i,
We have reviewed this record in detail, but we find no
probative evidence to show that Claimant.complied with the mandatory
provisions of Rule 15(b). Our conclusion that the rule is selfexecuting and provides for an automati
with Third Division Awards 21463, 20863, 20426, 20371, 18789, 17718
and 17596.
I
Award Number 21539 Page 2
Docket Number CL-21479
This type of self-executing rule is not within the
contemalation of Rule 26.
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 Ehployes 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:
aeer~
Executive Secretary
Dated at Chicago, Illinois, this 19th day of May 1977.
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