NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26988
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Soo Line Railroad
(formerly Chicago, Milwaukee, St. Paul and
( Pacific Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(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
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
Award Number 26397 Page 2
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.