(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
"(1) The dismissal of Track Laborer A. A. Ryes effective October 13, 1982 for alleged failure to return to his assignment on June 7, 1982 was without just and sufficient cause (System File MW-82-214/370-58-A).
(2) The Agreement was violated when the Carrier failed to schedule and hold a hearing which was timely and properly requested in conformance with Article 14(b).
(3) As a consequence of the aforesaid violations, Claimant A. A. Ryes shall be reinstated with seniority and all other rights unimpaired, and he shall be compensated for all wage loss suffered beginning October 13, 1982. "
OPINION OF BARD: The record shows that Claimant was dismissed from Carrier's
 service as a track laborer on March 17, 1982. On June 1,
 1982, Carrier's Assistant Regional Engineer sent a certified letter to
 Claimant informing him that he was reinstated to service and that he should
 report on June 7, 1982, and that failure to do so could result in the rennval
 of his name from the seniority roster. Two attempts were made by the Postal
 Service to deliver the letter, but without success and the letter was returned
 to the Carrier as "unclaimed". On June 28, 1982, the Carrier wrote to the
 Organization representative, informing him that the Carrier had attempted to
 contact Claimant but without success, and soliciting the help of the Organi
 zation representative. The letter stated that Claimant had until July 12,
 1982 to report and would be considered as absent without authority after that
 date. No response was received from the organization. On October 13, 1982,
 Claimant was sent a certified letter to the same address as the June 1, 1982,
 letter, informing Claimant that his name was being removed from the seniority
 roster for his failure to return to his assignment. The Claimant received
 the October 13, 1982, letter and on October 26, 1982, he requested a hearing
 with respect to what he termed his "second dismissal.° On November 4, 1982,
 Carrier notified Claimant that he was removed from the seniority roster
 because of his failure to return to work, and denied his request for further
 hearing.
                    Docket Number MW-25498


The record shows that claim in behalf of the Claimant arising out of his dismissal on March 17, 1982, was progressed in the usual manner on the property, and, failing of settlement, was referred to this Division of the National Railroad Adjustment Board and assigned Docket No. MW-25131. On June 28, 1984, this Division issued Award No. 24860, in which the Board held:
            "Claimant A. A. Re yes (sic) 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 in 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 it 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 dismissal. "


Award No. 24860 was a final decision terminating Claimant's employment relationship with the present dispute. As Claimant's dispute with the Carrier has been adjudicated, the claim herein will be dismissed. See Awards Nos. 25261, 24789, 24297, and 23027.
        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;
                    Award Number 25586 Page 3

                    Docket Number MW-25498


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein, and
        That the claim be dismissed.


                          AWARD


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest: ~nzrdw~r 4

        Nancy J. ever - Executive Secretary


Dated at Chicago, Illinois, this 22nd day of August 1985.