NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-25499
Paul C. Carter, Referee
(Jerry R. Lusher, Jr.
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
( (Southern Region)
STATEMENT OF CLAIM:
Petitioner seeks reinstatement of lost seniority rights and any
other corrective measures deemed equitable by the Board until he is returned
to service with all rights and privileges restored.
OPINION OF BOARD: The Claimant (Petitioner herein) was formerly employed
by the Carrier as a B&B Mechanic, assigned to B&B Gang No.
1409, headquarted at Sciotoville, Ohio. On October 26, 1982, Carrier issued
Bulletin NO. RU-37 notifying all concerned of the abolishment of BSB Force No.
1409, effective at the end of tour of duty on November 4, 1982. The Carrier
contends that on the same date the Supervisor verbally notified B&B Force
No.
1409, including the Claimant, of the action, and, additionally, on October 18,
1982, the Supervisor read the contents of the bulletin to the Employes of that
gang, and the bulletin was posted on camp cars. When B&B Force No. 1409 was
abolished on November 4, 1982, Claimant herein was furloughed.
Rule 5 of the applicable Agreement reads in pertinent part:
"When employees displaced or laid off by reason of force reductions
do not stand to work in any class or desire to retain seniority, they
must file their name and address in writing not later than ten days
from date they are cut off. This notice must be sent in duplicate to
the Manager-Engineering or other corresponding supervisory officer
who will return one copy receipted to the employee."
On December 3, 1982, Claimant was notified by the Carrier's ManagerEngineering:
"You were furloughed on November 5, 1982, and you failed to comply
with Rule 5 in violation of the rules of the Maintenance of Way
Agreement, thereby forfeiting your seniority rights.
"Therefore, your name has been removed from the Russell Division
Seniority Roster."
We find from the record that proper notice was given by the Carrier
of the abolishment of B&B Force
No.
1409. Rule 5 of the Agreement required
affirmative action by the Claimant, if he desired to retain his seniority.
"...they must file their name and address in writing not later than ten days
from the date they are cut off. This notice must be sent to the ManagerEngineering or other corre
receipted to the employee.* The rule contains no exceptions, and the Board can
only apply the Agreement as written. Rule 5 is self-executing.
Award Number 25517 Page 2
Docket Number MS-25499
We agree with the Carrier that Employes are charged with knowledge of
rules of the applicable Agreement.
There is no evidence in the record that Claimant actually filed his
name and address with the Carrier within ten days from the date cut off, as
specifically required by Rule 5.
On the basis of the record before us, the claim must be denied.
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;
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:
Nancy J./ ver - Executive Secretary
Dated at Chicago, Illinois, this 28th day of June 1985.
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