Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28143
THIRD DIVISION Docket No. MW-28028
89-3-87-3-790
The Third Division consisted of the regular members and in
addition Referee John E. Cloney when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it removed the name of
Mr. Lewis Hildreth from the Group 11, Class 1, System Steel Gang seniority
roster within a letter dated September 10, 1986 (System File 170-2-8611/11960-40-64).
(2) The September 10, 1986 letter addressed to Mr. Hildreth shall be
rescinded and he shall have his seniority restored with the seniority dates he
held prior to the violation referred to in Part (1) hereof and he shall be
compensated for all wage loss suffered as a consequence of said violation."
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.
Claimant, who held seniority as a Trackman on the System Steel Gang
Seniority Roster, had properly filed his name and address for recall purposes
upon being furloughed.
On August 22, 1986, Carrier wrote Claimant to advise he was being
recalled effective September 9, 1986, and gave him detailed reporting instructions. The letter state
Form 1 Award No. 28143
Page 2 Docket No. MW-28028
89-3-87-3-790
Claimant's address was a Post Office Box which he shared with family
members. His sister-in-law picked up the mail but due to a series of misadventures, the recal
On September 10, 1986, Carrier notified Claimant by letter to the
same Post Office Box that his seniority had been forfeited by his failure to
report.
Rule 2 (c) provides in pertinent part:
"Employe(s) laid off in force reduction
shall retain their seniority provided they (1)
file their address in writing within fifteen
(15) calendar days after being displaced; and
(2) promptly report in writing any subsequent
changes in their address. The reporting required herein must be addressed to the officers
designated below:
x
Failure to meet any of the requirements as above
specified, failure to report on the date indicated in the notification of recall, not to
exceed fifteen (15) calendar days from date
of notification of recall forwarded to the
employe's last known address, without a satisfactory reason, will result in forfeiture of
seniority in the class where recalled. When an
employe forfeits seniority under this provision,
he will be notified thereof, in writing, with
copy to the General Chairman."
The Organization argues Claimant's failure to receive the August 22,
1986, recall letter constituted a satisfactory reason under Rule 2(c) for his
failure to report. However, in all Awards it cited the failures to report
timely could be said to have been caused or contributed to by Carriers' actions such as failure to p
confusing reporting dates or instructions.
No such element is present in this case. We have uniformly held
rules such as Rule 2(c) to be self enforcing. As the evidence shows a properly addressed letter was
fact received at that address, we have no choice but to deny this claim.
A W A R D
Claim denied.
Form 1 Award No. 28143
Page 3 Docket No. MW-28028
89-3-87-3-790
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 16th day of October 1989.