PARTIES) THE ATCHISON, TOPEKA AND SA14TA FE RAILWAY COMPANY TO ) DISPUTE) BROTHERHOOD MAINTENANCE OF WAY a-IPLOYES

 STATEMEI1T OF CLAIM: Claim that former Trackman S. C. Castellanos,
 Los Angeles ivision; be reinstated with seniority, vacation, all
 ri~hts unimpaired and pay for all wage loss commencing July 2,
 19 3, 3, continuing forward and/or otherwise made whole.

 FINDINGS: This Public Law Board No. 153'2 finds that the a_artias
 erein are Carrier and employee within the meaning of tae Railway Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the claimant was notified that his seniority/empluyment with the Carrier was being terminates) for his being absent without proper authority commencing May 27, 1963. lle was advises in teat -letter that if he desired, he could request an investigation.

 'tae Organization contends that the claimant requested an investigation on June 14, 1983, at the Carrier's office in Los Angeles. The allegation contends that Maintenance of Way Clerk Irma advised him that he would have to contact the Division office at San Bernardino if he wished to request an investigation. The Orzanization points up that the superintendent's letter of June 6th does not state which of the Carrier's offices must be addressed by the claimant and further, that both offices are under the same seniority district and deal with employees.of the Los Angeles and Los Angeles Terminal Divisions.

 The Carrier contends that the claimant was properly notified by letter dated June 6, 1983, and that on June 9, 1983, the claimant did contact B&B Signal Clerk Irma Sota, but she denies that the claimant made any request for a formal investigation. The Carrier further contends that the claimant only made inquiry as to where he could sign up for unemployment, but that, nevertheless, the clerk advised the claimant that if he wished to desire a formal investigation it would be necessary to advise Superintendent Didier's office in San Bernardino and further, that she gave him that telephone number and the telephone number of the Union representative.

 The evidence indicates that the claimant at no time requested a formal investigation. Under those circumstances, the Board has no authority to overrule the decision of the Carrier.
 P1.B - 1582 Award No. 305

A14ARD: Claim denied.

                        Union Member


                          __ier _xemoer-f'


Dated at Chicago, Illinois April 12, 1985