Form 1
NATIONAL RAILROAD
ADJUSTMENT BOARD Award No. 26841
THIRD DIVISION Docket No. SG-27259
88-3-86-3-347
The Third Division consisted of the regular members and in
addition Referee Ronald L. Miller when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Pittsburgh and Lake Erie Railroad Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
Railroad Company, (P&LE):
On behalf of furloughed Signalman J. D. Knutti: .
(a) Carrier violated Rule #37 of the current Signalmen's Agreement
when, on May 15, 1985, Carrier removed Signalman J. D. Knutti from the Seniority Roster of the Pitts
(b) Carrier should now restore Mr. Knutti on the Seniority Roster of
the Pittsburgh 6 Lake Erie Railroad Company, Signal Department."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Rule 37(a) states:
"An employee furloughed by reason of force
reduction or having been displaced must within
10 days file his address in writing with the
Superintendent of Signals and Communications and
the General Chairman and must notify both the
Superintendent of Signals and Communications and
the General Chairman in writing immediately upon
any change in address in order to protect his
Form 1 Award No. 26841
Page 2 Docket No. SG-27259
88-3-86-3-347
seniority. Failing to comply with these pro
visions or to return to service within 14 con
secutive calendar days after being notified in
writing to return for a permanent position in as
high a class as he held when furloughed, he will
forfeit all seniority." (underlined, emphasis
added)
On April 25, 1985, the Carrier notified the Claimant that:
"You are hereby notified in accordance with the
provisions of Rule 37 of the Signalmen's Agreement that your seniority entitles you to hold a
regular permanent position in the Signal Department. You must return to service within fourteen
letter or you will forfeit your seniority as
provided for in Rule 37 of the agreement."
(underlined), emphasis added)
Subsequently, the Carrier notified the Claimant that his name had been removed
from the Seniority Roster because he did not respond during the fourteen (14)
day period that started when the Claimant received the April 25, 1985 letter
of recall.
The Organization contends that the fourteen (14) day period would not
start until the Claimant receives a permanent position by a bulletin. However, this position incorpo
states only
"...
for a permanent position
...";
no mention is made of
"...
by
a bulletin." The Carrier's letter complied with the requirement of Rule 37.
It put the Claimant on notice that his seniority entitled him to hold a regular permanent position a
respond within fourteen (14) days from the date of receipt of the recall
letter. This Board does not have the authority to alter Rule 37 by adding
language to achieve the Organization's purpose.
The Carrier complied with the requirements of Rule 37 and the Claimant failed to return to servi
seniority under Rule 37 is self-executing. The Claimant was removed properly
from the seniority list. This portion of Rule 37 is clear, self-executing and
must be enforced as written by the parties.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.