Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29275
THIRD DIVISION Docket No. MW-29446
92-3-90-3-35
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier terminated the
seniority of Mr. S. A. Vaughn effective November 14, 1988 (System Docket
MW-119).
(2) Mr. S. A. Vaughn shall be returned to service with seniority and
all other rights unimpaired."
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 were given due notice of hearing thereon.
On September 20, 1988, the Claimant was notified that he had been
awarded a Welder Helper position and that he was to report to Haverstraw,
New York, within ten days with a complete MD40 and safety equipment. He was
advised that a failure to do so would result in a forfeiture of seniority.
The Claimant reported to Kingston, New York instead (within the 10
days) and was told that the gang was "abolished" and he went home.
On November 14, 1988 the Carrier advised of a forfeiture of seniority
which prompted this claim.
Despite the fact that the Claimant reported to the wrong location
without appropriate records rather than to the designated location as instructed, on February
therefore, the Claim is moot.
Form 1 Award
No.
29275
Page 2 Docket
No.
MW-29446
92-3-90-3-35
A W A R D
Claim Dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ncy J. r - Executive Secretary
Dated at Chicago, Illinois, this 12th day of June 1992.