AWARD NO. 471
Case No. 505
PUBLIC LAW BOARD NO. 1582
PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
1. Carrier violated Rule 2(c) of the Agreement by removing Employee
D. A. Campos' name from the Kansas Division Trackman's seniority
roster by failing to afford Claimant the opportunity to present his
reason for not answering recall before removing his name.
Accordingly, Carrier should be required to reinstate the Claimant's
seniority and compensate him for all time lost from March 23, 1989
forward.
FINDINGS: This Public Law Board No. 1582 finds that the parties
herein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
FINDINGS: This Public Law Board No. 1582 finds that the parties
herein 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 by letter dated February
24, 1989 that he was being recalled to service as of February 24
and if he did not report within 15 calendar days from February 27,
1989 his seniority would be forfeited as outlined in Rule 2(c) of
the Agreement between the parties.
By letter dated March 23, 1989 the Carrier wrote the claimant that
he had failed to report as requested, and his seniority was being
forfeited on the Plains Seniority District. The General Chairman
filed an appeal. The Union urged that the removal of the claimant
from the seniority list was improper under the Agreement between
the parties.
The facts in this case are not in dispute. The claimant did not
report for duty as directed by the Carrier within the 15 days
permitted. The evidence indicates the claimant may not have received the letter, but the letter was sent to his last address
which he had listed with the Carrier.
Previous awards of the National Railway Adjustment Board support
a finding that the claimant's failure to report as directed justified loss of seniority. See Awards No. 28143 and 28144 of the
Third Division.
Award No. 471
Page 2
On the foregoing basis the Board finds there is no support for the
claim.
AWARD: Claim denied.
Preston . Moore, Chairman
Union Member
AV