Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28718
THIRD DIVISION Docket No. MW-29042
91-3-89-3-465
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
(former Missouri Pacific Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed to properly
recall Mr. Seymore Williams, III from furlough and then subsequently terminated his employment relat
roster in accordance with its July 25, 1988 letter (Carrier's File 880630 MPR).
(2) As a consequence of the aforesaid violation, Mr. Seymore
Williams, III shall be returned to service with seniority, vacation and all
other rights unimpaired and he shall be compensated for all straight time and
overtime wage loss suffered beginning August 15, 1988 and continuing until
such time as the violation is corrected."
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.
.y .r
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 furloughed on February 5, 1988. In accordance with
Rule 2 (j) of the parties' Agreement, he
was
entitled to be recalled to
service. On May 4, 1988, Claimant placed a bid on a position by telephone.
According to Carrier, he was assigned to "On Line" Gang 2893 in the vicinity
of Austin, Texas, effective May 13, 1988. Also according to Carrier, in the
course of the call, Claimant allegedly notified Carrier of a change in address, from Palestine, Texa
that Claimant was given the assignment at that time or that he submitted a
change of address.
Form 1 Award No. 28718
Page 2 Docket No. MW-29042
91-3-89-3-465
Claimant did not appear at the assignment and on June 24, 1988, a
letter was sent to him in San Antonio, Texas, advising him to report within
seven days of its receipt or forfeit his seniority. The letter, with a zip
code of 72302 on the address, was returned to Carrier. A second letter was
sent on July 25, 1988, to him in San Antonio, Texas. The zip code was changed
to 78211. The second letter was returned unclaimed. On August 26, 1988, his
name was removed from the roster for failure to protect his assignment. A
Claim was filed on behalf of Claimant by the General Chairman on October 11,
1988. The Claim was to begin August 15, 1988, and continue until Claimant was
reinstated.
This Board has reviewed the evidence in the record, with special
attention to the Union Pacific Railroad Telephone Advertisement Worksheet,
which is used by employees in making application for bulletined vacancies
advertised through the telephone recording bulletin system. We note that in
the course of making a bid, applicants are required to state their current
address. Carrier alleges that Claimant gave an address in San Antonio, Texas,
but is unable to substantiate thjs allegation because it either lost or misplaced the taped message.
Claimant's permanent address for recall notification purposes.
This Board cannot agree that information provided in this format is
sufficient to trigger an alteration in an employee's permanent record. If it
were to be used for this purpose, employees would have to be placed on notice
that in phoning in bids and giving their "current" address which may or may
not be permanent), they would be changing an address that t-iey had been required to provide in writ
recall. That was not done in this instance and thus it must be concluded that
Carrier erred in altering Claimant's address based on this recorded message.
While this Board cannot determine from the record whether Claimant
did or did not leave a San Antonio, Texas, address on the machine, it is of
interest to note that the zip code Carrier used when it altered its records
and when it mailed its first notice to Claimant on June 24 was not the correct
one for the address in San Antonio, Texas. It·itaE to locate a new zip code
for its July 25 notice. At the same time, we note that the directions for
making telephone bids indicate that "Once completing your bid, you then simply
hang up and your voice recorded bid is automatically filed." Carrier alleges
that after Claimant requested his bid, he was given an assignment to a gang in
the vicinity of Austin, Texas. It is not clear to this Board when, in the
course of this bidding procedure, such an assignment would be made.
Based on the record before us, we-must conclude that there is merit
to this Claim. We also find that Claimant should be compensated from the date
of the Organization's Claim, the point at which thr'Organization and Claimant
elected to take action. Claimant shall be returned to service with seniority
and all other rights unimpaired. He shall be made whole for all wages lost
from October 11, 1988, less outside earnings.
A W A R D
Claim sustained in accordance with the Findings.
Form 1 Award No. 28718
Page 3 Docket No. MW-29042
91-3-89-3-465
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J./DepWr - Executive Secretary
Dated at Chicago, Illinois, this 28th day of March 1991.
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