PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
1. Carrier's decision to remove former Texas Division Trackman
James W. Jones, Jr., from the seniority roster, effective June 15,
1988 was improper.
2. Accordingly, Carrier should be required to reinstate Claimant
Jones seniority and compensate him for all wages lost from June
15, 1988.
FINDINGS:
This
Public Law Board No. _1582 finds that the parties
herein are Carrier andEmployee 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 June 15,
1988 that his name was being removed from the Northern Division
Trackmen's Seniority Roster due to his failure to comply with Rules
3(c), Maintenance of Way Agreement of January 1, 1984, account
failing to place himself within 7days after being displaced on
June 6, 1988 as Trackman, Stephenville Section.
The Board has reviewed the evidence of record and finds this claim
is barred by the provisions of Rule 14(a)(1) in that the claimant
was notified by letter dated June 15, 1988, and the first appeal
therefrom was in excess of one year thereafter. Section (a)(1)
requires that the claim be filed within 60 days.
Under the circumstances herein the claim will be dismissed.
AWARD: Claim dismissed.
P~-w~. vii i v v rr-- - ~
Preston
(,Y
Moore, Chairman
Union Member
Carrier Member