AWARD NO. 512
Case No. 545
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's decision to remove former Western Region Trackman
J. M. Adador from service, effective October 9, 1992, was unjust.
2. Accordingly, Carrier should be required to reinstate Claimant
Amador to service with his seniority rights unimpaired and compensate him for all wages lost from October 9, 1992.
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 Assistant Regional Manager-Roadway Maintenance
F. E. McBee wrote to claimant Amador by certified letter, return
receipt requested, with a copy to M. E. Hemphill, General Chairman
of the Brotherhood of Maintenance of Way Employees, advising the
claimant of the termination of his seniority and employment for
being absent from duty without authority for more than five consecutive work days commencing September 14, 1992.
The claimant did not respond to the letter of termination. The
Union contends the certified letter was picked
up
by an unknown
individual, and the claimant was not aware of the termination of
his seniority and employment until after the 20 days in which to
request an investigation had passed.
However, the Carrier points up that the October 9, 1992 certified
letter was received and signed for by the claimant on October 13,
1992.
Under the circumstances herein there is no justification to set
the discharge aside.
AWARD: Claim denied.
/ PrestoneMOore, Chairman ~Union ember
i
Carrier Member