Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28257
THIRD DIVISION Docket No. CL-27529
90-3-86-3-798
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10138) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Brownwood, on January 1, 1984, when it removed the name of B. F. Weathermon
from the Northern Division Station Department Seniority Roster, and
(b) Ms. Weathermon's name shall now be added back to the Seniority
Roster with a seniority date of April 19, 1980, the seniority date she had
when her name was removed."
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 was, at the time of the action that gave rise to this dispute, an off-in-force-reductio
date of April 9, 1980, on the Northern Division Station Department Seniority
Roster. She last worked in October 1982. When the Seniority Roster for the
Northern Division Station Department for 1984 was published (the latter part
of January 1984), Claimant's name was not on the Roster. Carrier contends it
removed Claimant's name from the Roster because she failed to notify the
proper Carrier officials of her current address, as required by Rule 17-B of
the Schedule Agreement. Rule 17-B reads as follows:
Form 1 Award No. 28257
Page 2 Docket No. CL-27529
90-3-86-3-798
"RULE 17-B
FILING CURRENT ADDRESS
17-B. Employes who become off-in-force-reduction must promptly advise their employing officer of
(unless their current address is on file)
and promptly advise of subseauent changes
therein. Employes off-in-force reduction, who do not perform service under
this Agreement during a calendar year,
must file their current address with
their employing officer during the month
of December of such calendar year and
failure to file in December shall result
in forfeiture of all seniority rights."
The Organization claims, however, that Claimant did properly notify
Carrier each year of her current address, dated as required. It pointed to
letters dated December 4, 1983, and December 10, 1984, written by Claimant to
a Senior Clerk in the Superintendent's office. The Organization also contends
that Carrier violated the Agreement by not making available to Claimant a
hearing under the discipline rule of the Agreement. The Organization finally
argued that the Claim was timely filed. The date the Claimant learned her
name was not on the seniority list is the date the clock began to run on the
time limit for filing a claim. The 60-day limit was met.
This Board has reviewed the record and weighed the evidence presented. It is compelled to conclu
burden in this instance and has not demonstrated that Claimant did in fact
meet the notification requirement of Article 17-B. Carrier contends it did
not receive in the Superintendent's office any letter from Claimant advising
it of her current address. The Organization has not proved otherwise.
The Organization argues that in spite of other shortcomings in the
case, Carrier has no right to remove Claimant from the Roster without a hearing. That argument
decided that Rules such as 17-B are self-executing and cannot be enlarged upon
by this Board. A hearing in this instance is not required by Agreement.
After a review of the whole record, this Board is compelled to
conclude that Claimant did not meet the requirements of Rule 17-B and that
removal of her name from the Seniority Roster was appropriate.
Form 1 Award No. 28257
Page 3 Docket No. CL-27529
90-3-86-3-798
A W A W D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J er - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1990.