PUBLIC LAW BOARD N0. 2439
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE Southern Pacific Transportation Company (Pacific Lines)
STATEMENT "1. That the Carrier violated the provisions of the current Agreement
.M
when on June 25, 1980 it dismissed Mr. A.P. Quiroz from service for
his alleged failure to timely displace a junior employee in accordance
with the provisions of Rule 13(b) of the current Agreement.
2. That MR. A.P. Quiroz now be reinstated to his Track Laborer's posi
tion with seniority and all other rights restored unimpaired and compen
sated 'for all time lost therefrom beginning June 25, 1980 and all days
subsequent thereto until he is returned to his rightful position."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that
this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties land the subject matter.
Claimant herein was displaced from his position on Extra Gang 35 on June 13, 1980.
On June 25, twelve daysthereafter, he reported at Hayden, Arizona to work on Extra Gang
39. By letter dated the same day Carrier served notice of his termination under Rule
13(b).
The dispute herein is virtually identical to that discussed by this Board in Award No.
33. The circumstances are almost the same.. In this case, however, Claimant's defense
was that he was of the belief that the time referred to in the Rule referred to working days rather than calendar days. Unfortunately, however, his position is not pursuasive in light of the fact that he has been subjected to the provisions of the Rule
on seven prior displacements and certainly should have been aware that the Rule refers
to calendar days only. The intent of the Rule and its implications were discussed-adequately in Award No. 33. Unfortunately, in this instance, it must be applied si-
milarly and the claim is without merit.
AWARD
Claim denied.
L. . Le': ing, Carri ~ Member
January.zd ,' 7982
San Francisco, CA
I.M. Lieberman, Neutral-Chairman
mp oyee Memb r