. AUARD N0. 238
Case No. 272
PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY E1iTLOYEES
STATEMENT OF CLAIM: Claim on behalf of former Trackman Leonard
n' ewart, inois Division, for reinstatement to service with sen
iority, vacation, all benefit rights unimpaired and pay for all.
:rage loss beginning March 12, 1982, continuing forward, and/or
otherwise made whole.
FI
INDI,iGS: khis Public Law Board No. 1582 finds that the parties
Ue~razn 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 terminated from employment for his
alleged failure to file his address in writing within 15 days after
being displaced. The Organization contends that the claimant returned a card to the Division Engineer's Office which had his current mailing address immediately after his force reduction on
February 23, 1982.
Therefore, the issue involved herein is whether or not the filling
out of the card referred to can be interpreted as meeting the requirements of Rule 2, Section C of the agreement insofar as filing
his address in order to retain seniority rights after having been
reduced in force. .
The evidence indicates that the card was a 198L work status declaration which was given to the claimant by his section foreman in
January of 1982 with instructions to complete it and return it to
his foreman. This does not constitute the filing of an address as
required by Rule 2, Section C of the agreement. Apparently the
claimant visited
the Division
Office on March 25, 1982 and confirmed
that at that time he failed to file his address. Under the circumstances tae boara has no authority to overrule the ~Jecis_on o.: c=e
Carrier.
AWARD: Claim denied.'
reston J. Moore Chairman
.
2
rganiaat on
-Vie.
,Dated August 16, 1983 arrier :I
at
Chicago,
Illinois