PAPTIFS Brotherhood of Maintenance of !Jay Employes
 lU
 DISPUTr and

STATINT 1. That the Carrier violated the applicable Agreement when
 OF CL:~Ir: they improperly terminated the services of the following
 employes as indicated:









FINDINGS: The four Grievants, Sessrs. C. V. Medina, F. R. Medina, F.J. Stone,
 and D. S. Holland, were on furlouCh and failed to respond to for oral
 recall letter within the specified seven-day period of Rule 23(a) of Agreement.
 The Carrier contends that each of the Grievants had voluntarily forfeited his
 seniority ri;,htc, and in the Carrier's view, none of the Grievants came forth
 with a "satisfactory reason for failing to report" as provided in Rule 23(a). This
 rule reads:


                                              Case No. 5

                                              Page 2


          position or to a position anticipated to be of at least 30 days duration in a classification excluded from bulletining procedure in Rule 20 and who fails to report to such position within seven days after being notified by mail or telegraph sent to the last address given, or give a satisfactory reason for not doing so, will forfeit his seniority in such class and all lower classes of groups in which he holds seniority. Satisfactory reason for failing to report within seven days after being notified has reference to sickness or other reasons over which the employe has no control."


          a. C. V. Medina:


Grievant C. V. Medina was in a furloughed status and was sent a formal recoll letter dated ?;arch 14, 1977, instructing him to "report for work at the Roadmasters Office, East Yard at 7:00 A;·"' for service as Extra Gang Laborer on Extra Gang 5907, on March 21, 1977. This notice was by Certified ::_~i1, Return Receipt Requested, and also stated: "Failure to report for recall will terminate you from the roster." (Carrier's Exhibit "A", p. 1). The Postal Service Form 3311 carries the notation that the letter was undeliverable because the addressee had moved and left no forwarding address. The unopened envelope was returned to the Carrier. (Carrier's Exhibit "A", o. 2). The record fails to provide evidence of reasons why Grievant C. V. Medina did not report for work on recall other than that he did not receive the recall letter of March 14, 1977.

          b. F. R. Medina:


Grievant F. R. Medina was in a furloughed status and was sent a formal recall letter dated March 14, 1977 with the same content as C. V. i-iedina's. F. R. Medina's letter was addressed to 563 So- Gless Street, Apt. 82, Los An~;oles, CA 90033, Certified Nail, Return Receipt Requested. According to the Roadmastcr, the letter was sent to Grievant's last address of record. Grievant failed to report for service, and on March 29, 1977, Grievant was informed of his reeioval from service. (Carrier's Exhibits "J" and "K"). The March 29, 1977 letter was addrec-scd. to 570 S. Glass Street, Apt. 28, Los Angeles, California 0,0033. The Employe's Submission Shows Exhibit of Carrier addressing Grievant's Vage & Tar. Statement to the 570 S. Gless Street, Apt. 28 address for 1976. According to Grievant, the 570 S. Gless Street address was his current and most recent address after he changed his address from 563 So. Glass Street. The evidence of record supports the finding that the Carrier missent the formal recall letter of March 14, 1977 to the wrong address after receivin.- the correct address from Grievant. Lender the circumstances, there appears to be no factual support for the Carrier's determination of voluntary forfeiture of Grievant's seniority.
          ,pL3 -zz~'7 Award No. 4 Case No. 5 Page 3 c. F. J. Stone:


Grievant F. J. Stone, a B&B Carpenter, was in a furloujhed status and was sent a formal recall letter, certified mail, under date of April 25, 1977, addressed to 413 N. 15th, Apt. 7, Las Vegas, Nevada 89101. (Carrier's Exhibit "S", page 2). The letter was subsequently returned to the Carrier by the Post Office Department, marked "Unknown", with two notices relative to delivery, one on April 29 and the second on May 4, 1977. The Organization, in letter of June 24, 1977 (Carrier's Exhibit "T"), states that "Mr. Stone thought he was making himself available for service by contacting his previous Foreman, Ifr. James D. Miles at least twice a month asking ::Then he could go back to work. Mr. Miles gave him no information on restoration of force." On hay 31, 1977, Grievant sent to Mr. D. T. Reeder, Supervisor, B&B, a letter confirming their coversation of May 23, 1977, and supplying his address correction, with present address, and stating his availability for recall upon the first opening. Grievant's conversations with ::r. Miles cannot over-ride the written Agreement between the Parties.

          d. D. S. Holland:


Grievant D. S. Holland, a B&B Carpenter, was in a furloughed status, and he was sent a formal recall letter, Certified Mail, to his lost known address 2800 Lamb Street, Apt. # 161, Las Vegas, NV 89109, on June 7, 1977, instructing that he report for duty on June 13, 1977. Grievant was working on a job which involved travel on a day to day basis from one race track to another in the Southwest section of the country. Under the conditions of his employment, he alleges, there u'as no possible way whereby he could keep the Carrier posted a-- to his whereabouts on a day to day basis. Instead, he retained his residence and mailing address at 2800 Lamb Street, Apt. 61, Las Vegas, Nevada 89109, and arranged to have his mail monitored, particularly for the purpose of receiving a Notice of Recall to the Carrier's service. Grievant was immediately advised of the arrival of the recall letter on June 7, 1977, promptly quit his employment, proceeded to Las Vegas, picked up the letter from the Post Office or. June 20, and noted the date he eras directed to report, June 13. He contacted BB Supervisor D. T. Reeder who informed him that because of his failure to respond as instructed he had forfeited his Seniority rights and employment relationship with the Carrier. Grievant, it is clear, responded imanediately on receiving notice from the Post Office on June 20, 1177·

                      A W A R D


          1. The claim of Grievant C. V. Medina is denied.


          2. The claim of Grievant F. R. Medina is sustained.


          3. The claim of Grievant F. J. Stone is denied.


              4. The claim of Grievant D. S. Holland is sustained without precedent in future cases.

                                              aLP, zz~.?

                                              Award No. 4

                                              Case I:o. 5

                                              Page 4


                      PUBLIC IAW BOARD :i0. 2267


                JOSEPI LAZAR, Chairman a^d Neutral Member


S. E. FLEhiII4G, Employe Member E. R. MYERS, Cai:pl~zer Member

 Dated: 2-28-79