11,1 ?A RD N0 . 144
Case No. 175
PUBLIC LAID BOARD N0. 1582
PARTILSS) THE ATCHISON, TOPEKA & SANTA FE RAIL14AY COt-'1PANY
TO )
LISPUTL) BROTHERHOOD OF NAINTENANCG OF
WAY E~1PLOYLES
STATEMENT OF CLAiN: Claim in .behalf of Trackman 0. ifendo:La, Illinois
Division, or
the
Carrier to reinstate claimant'.s name to the Illi
nois Division Trackman's seniority roster and compensate him for any
time he may lose as a result of his name being removed from the sen
iority roster.
s
FINDINGS: This Public Law Board No. 1532 finds that the parties
Tern cin are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimant was notified December 6, 1979 that lie
was off-in-force reduction at close of work December 7, 1979. The
claimant was further notified that he was subject to recall per
Article 2, Section 6.
As of February 11, 1900 the claimant had not filed his address with
the proper officer as prescribed by Article 2, Section
o
of the
agreement. Thereafter by letter dated February 11, 1930 the claimant was advised that his
name was
being removed from the Tracla;ian's
roster for failure to file his address in accordance with Article
2, Section 6 of the agreement.
The Organization filed a claim to restore the claimant's name to
the Illinois Division Trackman's seniority roster t.:ith compensation
for any time lost as a result of his name being removed from the
roster.
The claimant was rehired effective June 2, 1980, and the Carrier
a-reed to allow the Organization to pursue the Carriers monetary
liability for the period of February 11, 1980 to June 1, 1980.
The agree-went provides that if an employee fails to file his address
in ur~tinu with the Carrier within fifteen days after the reduction
in force that such would result i..i forfeiture of seniority. The
evidence licrein is persuasive tlu;L the claimant failed Lo file his
address in writing with the Carrier.
Under the circumstances herein there is no justification for pay
for time lost. However, it is the opinion of the Board that the
claimant's seniority should be restored and his effective date of
seniority should be June 13, 1979.
/~ y~ - t.,,:ard No. 144
Page 2
AWARD: Claim disposed of as per above.
ORDER: The Carrier is directed to comply with this award within
tTiirty days from the date of this award.
A
restore J.
r
te, Ciairman
ration Men er
g
Iac., uer
Dated August 19, 1980