NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25131
John E. CZoney, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Eastern Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Laborer A. A. Ryes for alleged insubordination
to Foreman C. J. Thibodeaux on March 17, 1982 was arbitrary, capricious, without
just and sufficient cause and on the basis of unproven charges (System File
MW-82-115).
(2) The claimant shall be reinstated with seniority and all other rights
unimpaired, his record shall be cleared of the charge leveled against him and
he shall be compensated for all wage loss suffered.
OPINION OF BOARD: Claimant A. A. Reyes was a track laborer with six years of
service when he was removed from service on March 17, 1982 for
being insubordinate to his foreman in violation of Rule 80. On March 22, 1982
Claimant was sent a letter dismissing him from service. He requested a hearing
and on April 22, 1982 a formal hearing was held at which Claimant and the
foreman, as well as other witnesses testified.
On April 29, 1982 Assistant Regional Engineer Cox by mail advised Claimant
he had reviewed the transcript of the hearing and was sustaining the March 22
dismissal. '
On June 1, 1982 Cox advised Claimant by Certified Mail that he- was
reinstated to service as the "discipline assessed you has now served its purpose",
and was to report on June 7, 1982. No conditions regarding the claim were imposed.
The Letter was returned as "unclaimed" after two attempts at delivery by the
Postal Service. On June 28, 1982 Cox wrote Claimant's organization, seeking its help
in locating Claimant and requested Claimant report to him by July 12, 1982.
Claimant did not.
In the opinion of this Board Claimant forfeited his seniority by failure
to respond when he was reinstated after his disnissal.
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 Efiployes 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
Award Number 24860
Docket Number MW-25131 Page 2
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 28th day of June, 1984
