PUBLIC LAW BOARD N0. 2439
Award No. 82
Case No. 82
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE Southern Pacific Transportation Company (Western Lines)
STATEMENT "1. That the Carrier violated the provisions of the current
OF CLAIM agreement when it removed Mr. E. G. Estrada's name from
the appropriate seniority roster.
2. That Claimant E. G. Estrada be reinstated to the service
of the Carrier with compensation for all tine lost and
with seniority and all other rights restored unimpaired."
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 and the subject matter.
Claimant, with a seniority date of May 8, 1972, was furloughed when his position
was abolished in August of 1981. The record indicates that he was recalled to
service that year but there was no current address on file with the Carrier.
Carrier terminated claimant on August 12, 1983, when it attempted to recall him
and found no address on file. Subsequently the claim was filed on December 9,
1983.
Claimant's defense in this matter is that on several occasions he personally
reported to the office in order to inquire as to when he would be recalled,
making his availability fully known to Carrier. Further, Petitioner notes
that claimant had been recalled in the past and that Carrier should, indeed,
have had his former address on file but chose not to use it. The Organization
argues that claimant made every effort to comply with Carrier's normal requirements but one and should be returned to service based on his obvious availability.--
PLB No. 2439
^ Award No. 82 ' ' --
Case No. 82
Carrier insists that the claim herein was untimely since it was filed some
119 days after claimant's termination. With respect to the major infraction
involved, Carrier notes that Rule 15 of the agreement provides for automatic
termination and forfeiture of seniority rights in the event that an employee
who has been furloughed fails to advise the designated office in writing of
the address at which he can be reached for purposes of recall.
It is clear that there is no exception taken to the fact that claimant did -
not file an address with Carrier as required by Rule 14 of the agreement. Rule
15 is a self-executing rule and since claimant had not provided Carrier with
means of notifying him of the availability of a position, he has no recourse
under the agreement. While-the question of the tardiness in filing the claim
may be debated in terms of when claimant found out that he was terminated,
there is no question bf.fhat he did not comply with the Carrier's rules of which
he was aware by virtue of his prior experience. The Board has no choice but to -
agree that Carrier conformed to the rules and there was no violation established
by Petitioner.
AWARD -
Claim denied.
I.tM. Liebea Neutral-Chairman
L. C. Scherling, Carrier ember C. F. Foose, Fmp oyee Member-
San Francisco, CA
October , 1984