AWARD N0. 254
Case No. 283
P=C: LAW BOARD N0. 1582
PAR=) MM
ATCHISON, TOPWAAND SANTA FE RAILWAY COMPANY
Ta,.
)..
DIBP= BRl1TM0O0D. Or MAINTENANCE OF - WAY EMPLOYEES
STATE= of CLAIN: Claim t..behaif of former Trackman R.
x_
Hecker,
$ou~vts'~ar for reinstatement to his former position with.
seniority, vacattoa, all. benefit rights restored, commencing October 27; 1982, and:/or otherwise: made whole.
FINDINGS::
This Public- Lax Board No. 1582 Finds that the parties '
er~arm Cazxier and. Employee withim the meaning of the Railway '
Labor Act,, as amended, and. that. this Board has jurisdiction.
In. this dispute the
cta;mffnt
wag notified by letter dated October
5, 1.982 that he should. return, to services as, soon as possible but
not taexceed 15 calendar days. The letlmsr~was sent by certified
msi Y
_ but the
claimant
failed. to answer to recall within. the 15
calendar days, and for; that reaso= his name was. removed from the
seniority. roster..
The Union. conteuds tire claims=t di& not receive: the letter and
points up that the:
ct.Q-rmsrzr
shares: a post office box with, his
father. The Union. further~alleges that the claimant's father
dial not receive: the letter.
The aotificatoxx was sent: by·certified mail to the claimant's
last known. address listed with the Carrier. This is aufficieat
for tha Bo=& ta find. proper notice to the claimant. Under the
circumstances there is. nn, juatifioation to set the termination
aside,. -
AWARD: Claims denied..
restoa; ore,.
.Ju
Chairman
0rga~a zatioa
m
em ex'
Member
Dated January 5,. 1984
at Chicago_ 21Iinois