NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22115
Irwin M. Li eberman, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
GL-8447, that:
"1. The Carrier violated the effective Clerks' Agreement when
on March 25, 1976 it failed to afford Ms. Joan M. Walls.an opportunity
to fill a short vacancy on Position GT-56 in accordance with the terns
of the Agreement and the effective calling procedure at Gary, Indiana.
2. The Carrier shall now compensate Ms. Joan M. Walls for
eight (8) hours' pay at the time and one-half rate of Position GT-56
for March 25, 1976."
OPINION OF BOARD: Claimant alleges that Carrier failed to call her
to fill a short vacancy to which she was entitled.
The record reveals that on the claim date Carrier attempted to call
Claimant to fill the vacancy at her last address and phone number of
record. During the investigation of the claim, it was learned that on
the day preceding this claim, Claimant executed a change of address
form which was not received in Carrier's office until the following
day, March 25th, the claim date. Carrier states that the form.could
not be processed and all affected notified in the brief period of
time to permit the call to the new number on the same day.
There is no showing of negligence on the part of Carrier in
processing the change of address. Claimant, however, was aware that
she was moving and would have a new phone number in advance of
March 25th and had the responsibility of notifying Carrier in a
timely fashion if she wished to avoid the possibility of missing a
call; not even a verbal notice to the proper official was attempted.
Since Claimant failed to give Carrier timely notice of her new cumber,
the claim must be denied.
Award Number 22221 Page 2
Docket Number CL-22115
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;
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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:
z~' /W.
&Z'..'o
Executive Secretary
Dated at Chicago, Illinois, this 15th day of November
1978.
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