AWARD NO. 491
Case No. 524
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: Carrier's decision to remove System Steel Gang
Group 11 Trackman Elmer Yazzie's name from the seniority roster was
unjust.
Accordingly, Carrier should be required to reinstate Claimant
Yazzie's seniority and compensate him for any wage lost beginning
April 3, 1989.
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 recalled to service effective on
April 3, 1989 to work with Steel Gang No. 322. The letter recalling
the claimant was dated March 9, 1989, and in addition to recalling
him to work, advised him that failure to report as indicated would
result in loss of seniority.
The claimant failed to report for work and by letter dated April 3,
1989 the Carrier advised the claimant he was being removed from the
seniority roster and was forfeiting all seniority rights: The Carrier introduced into evidence the return receipt for certified mail
delivery of this letter.
The Union contends the claimant had valid reasons for not reporting
within the 15 days. The-Union contends the claimant attempted to
contact the Carrier but was unable to reach the proper authority.
The Board has examined Rule 2(c) of the Agreement dated January 1,
1934 and finds the Carrier Properly complied with the rule and had
just cause to terminate the claimant's seniority.
AWARD: Claim denied
Prestonci, Moore, Chairman
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Union Member
Carrier Member