NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-26276
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9975) that:
(a) Carrier violated the rules of the current Clerks' Agreement at
San Bernardino, California, commencing November 8, 1983, when it wrongfully
removed
Ms.
R. S. Pippin's clerical seniority date, and
(b) Ms. R. S. Pippin's clerical seniority date of October 9, 1978,
on the Los Angeles Division Station Seniority District shall now be restored
and compensated for eight (8) hours' pay at the pro rata rate of position for
each work day Claimant Pippin is wrongfully withheld from protecting such work
as a result of such violation of Agreement rules".
OPINION OF BOARD: The contract provides that an employee will forfeit
seniority if he/she is in an off-in-force-reduction status
for 24 consecutive months, and has designated a point or points of recall.
Ms. Pippin lost her seniority under this Rule. During the 24-month interval
she was dismissed for excessive demerits accumulated by missing calls or
failing to be available for calls. Four and one-half months later she was
reinstated on a leniency basis, but without backpay. She assumed that her 24
months on the Roster would commence from her reinstatement date and grieved
upon learning otherwise.
The Board concurs with the Carrier's interpretation of the Agreement.
The Claimant was on off-in-force reduction status at the time of her discharge
and her subsequent reinstatement. The 24-month period is properly interpreted
as though the discipline never occurred. Furthermore, there are no damages
because nobody junior to
Ms.
Pippin has ever been recalled.
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 26044 Page 2
Docket Number CL-26276
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. Dever - Executive Secretary
Dated at Chicago, Illinois, this 11th day of June 1986.