RATIOM RAILROAD ADJUSTMENT BOARD

Award Number 24169

THIRD DIVISION Docket Number SG-24354

Joseph A. Sickle$., Referee

(Brotherhood of Railroad Signalman PARTIES TO DISPUTE: (

(Chicago and Illinois Midland Fisilxay Company

STATOC17T CF Q.AIMI: "Claim of the General Committee of the Hrotberk:ood of

Railroad Signalmen an the Chicago sad Illinois Midland

Railway Ompany:

On behalf of Mr. J. R. Edmoads, II, for the complete restoration of all seniority rights and other benefits, including any monetary loss resulting from the Company's arbitrary decision to terminate Mr. Edmunds seniority effective November 20, 1980, uadar the guise of an alleged violation of Rule 19(c) and (d) of the Sign's Ate. (Carrier file: Cum No. MP-8RS-9)"

OPINION OP BOARD: The Claimant was furloughed is a fasts reduction in
October of 1980 and he asserts that on the following day he notified the Chief Engineer that he was "ready, willing and available to return to work at any possible time."

Nonetheless, is December of 1980 the fief Engineer advised the Claimant that he bad failed to comply with Rule l9j, Paragraphs (a) and (d) and as a result he forfeited all seniority rights* The cited provisions of the Agreement state that as Employe must assert his displacement rights in writing within certain prescribed time limits is order to protect his seniority rights.

Pule 19(d) specifies that the Employe must, within a specified time period, file his name and address with both a Company official and the General Chairman and both the official and the Chairman =u
pt sign and return to the Elzploye (as a receipt) one copy of the address or 'changes is sdd-ressas so filed.

We haw reviewed the contentions of the Employe and the Organization in this case and we have considered the Organization's arguNeata as to the purposes of Rule 19. Nonetheless,, we have searched the record in vain to find nay evidence to support the Cis:Lmaat's burden of snowing that, is fact, he complied with Rule 19(d), or that he has any copy of a document signed and returned to him as is required by the Rule; which would tend to support his contention. 4ceordiag7.y we x111 deny the claim.

Award Number 24169 Page 2

- Docket Number SG-24354

FIMIliG3: Tine Third Division of the Adjustment Boards upon the whole record and nil the evidence., finds ami holds:

That the parties valved oral hearing;

That the Carrier and the Hrp1oyes Involved in this dispute are respectively Carrier sad B$ployes within the meaning of the Railway labor Act, as approved June 21j, 1934;

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

That the Agreement vas sot violated,

A W A R D

Claim denied.

&ITIOUL RAa.ROAD ADJW'lslW BOAR

B7 Order of Third..Divisioa

ATTEST: Acting Ececutive Saawtar;r
National Iinilroed Adjustment Board

0000R

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By

Rosemarie Breach txsa~a Assistant

Dated at Ctiicago, Ti7lnnis, this 15th day of February 1983.

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