NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 23287

_. THIRD DIVISION Docket Number CL-23388

Paul C. Carter, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,

( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE:

(Detroit, Toledo and Ironton Railroad Oompany

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8995) that:

(a) The carrier violated-the Rules Agreement dated May 1, 1966, amended January 1, 1971, particularly Rule 11(f) and others, when M. A. Adams, furloughed employee at Springfield, Ohio, was removed from service. It is the position of Brother Adams and this Organization that we have furnished satisfactory reason for his not reporting to Flat Rock. Michigan. In addition, a medical report is f the requested move due to Brother Adams' health in recent months. Please refer to Brother Adams' letter to you of September 11, 1978, copy of which is attached.

(b) The Carrier now be required to return M. A. Adams to the seniority roster with all seniority, vacation, sickness and other rights retained. In addition, Brother Adams should be compensated for all time lost as a result of this violation.

OPINION OF BOARD: This is a companion case to Award No. 23286.
The dispute here involves the Carrier's finding that claimant was properly considered out of the ser seven days of receipt of notice to report for a permanent bulletined position.

The Carrier contends that its action was in accordance with paragraph (f) of Rule 11 of the applicable agreement, which reads:

"(f) Furloughed employees failing to return to service within seven (7) calendar days after being notified (by mail or telegram sent to the last address given) or give satisfactory reason for not do so will be considered out of the service."

In this case, as in Award 23286 we are again faced with numerous assertions by the Organization, but assertions alone do not constitute proof. We are forced to deny the claim for lack of proof by the Organization of a violation of the Agreement.

Award Number 23287 Page 2

Docket Number CL-23388

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That thg,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:

FSxecutive Secretary

Dated at Chicago, Illinois, this 15th day of May 1981.

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