NATIONAL RAILROAD. AWUS24ENT BOARD
THIRD DIVISION Docket Number 161-24326
Joseph A. Sickles, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPU'T'E:
(The Chesapeake and Ohio Railway Company (Northern District)
STATEMENT OF CLAIh4: "claim of the System Committee of the Brotherhood that:
(1) The Carrier shall correct its 1929 System Track Forces Roster
and subsequent rosters to show R. W. Siemon, Jr.'s 'Hfme Division' as 'Grand
Rapids' (System File C-S-980/MG-2818)."
OPINION OF BOARD: The Claimant was hired on August 8, 19'(8. When an indiv
idual enters service, seniority is established. However
the appropriate Seniority Roster does not show the Grand Rapids Division as
being the Claimant's home division.
The Carrier has noted that the Employe did not make a timely objection
to any omissions in the Seniority Roster and the organization has countered with
the assertion that the Carrier has failed to furnish rosters and post the roster
as required.
The Carrier does not deny that the Seniority Roster incorrectly
reflects the claimant's home division but, as noted above, the Carrier relies
upon the asserted failure to submit a timely protest. (see Rule 11).
In order to file a timely objection, it is necessary that the
Employe be aware of the. particular omission and in this case, while the matter was handled on the p
was successfully challenged while the matter was under consideration on the
property and accordingly we will sustain the claim.
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; c;
f
Award Number 24400 page 2
- Docket Number W-24326
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAMOAD AWDS71MT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
Natioral Railroad Adjustment Board
By i~
Rosemarie Brasch - A Administrative AssisWu-t
77-
Dated at Chicago, Illinois, this 26th day of May 1983.
Cv-~VED
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