(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Soo Line Railroad (formerly Chicago, Milwaukee, St. Paul and ( Pacific Railroad Company)



(1) The dismissal of Laborer D. R. Flynn for alleged failure to report for work with Savanna Sec (System File C#I21-84/D-2660).

(2) The claimant shall be returned to service with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered.

OPINION OF BOARD: Claimant was furloughed in connection with a general force
reduction on June 22, 1984. Although agreeing to fill a
four week vacation vacancy commencing July 9, 1984, Claimant did not protect
that assignment and was subsequently considered by the Carrier to have for
feited his seniority. Thereafter, Claimant declined the Carrier's offer to
permit him to return to service without compensation for time lost effective
October 8, 1984.

Our review of the record satisfies us that the Carrier's action was justified. Under the circumstances, Claimant should have accepted the Carrier's reinstatement offer. that offer and shall award that he be returned to service with seniority unimpaired, but without com




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

                      Docket Number MW-26988


That the Carrier's action was justified and Claimant should have accepted the reinstatement offer.

                        A W A R D


        Claim disposed in accordance with the Opinion.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


Attest:
        ancy J. r - Executive Secretary


Dated at Chicago, Illinois this 13th day of July 1987.