Award No. 99
Case No.99
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE Southern Pacific Transportation Company
STATEMENT "(1) That the Carrier's decision to remove Mr.
_OF CLAIM Rodolfo C. Lopez' name from the Los Angeles
Division Seniority Roster was improper and
without just and sufficient cause.
(2) The Carrier shall be required to reinstate
Mr. Lopez to his former position with compensation
for all wage loss suffered, commencing July
22, 1984.
FINDINGS -
Upon the whole record, after hearing, the Board finds that the
parties herein are Carrier and Employee 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, a track laborer with a~seniority date of 1972, was furloughed
on September 7, 1979. The record does not indicate whether or not
the Claimant filed his address pursuant to the terms of the Agreement
in effect at that time. It appears that Claimant was to have been
recalled to service in July of 1983. Carrier indicates that it was
unable to communicate with him because it had no address on file
where he could be reached and thus his services were terminated
on August 12, 1983, in accordance with the provisions of Rule 50 (a)
of the Agreement.
Petitioner discovered that other junior employees were being recalled
to service, prompting his investigation of the situation.
The record reveals some confusion with respect to Carrier's practice
concerning the filing of addresses by employees who are furloughed,
however, Claimant had no evidence whatever that he had at any time
supplied Carrier with his current address. Similarly, Carrier does
not have any indication that it notified Claimant by registered
or certified mail of his recall to service as provided for in Rule
15(a) of the Agreement.
Based on these facts, the Board is faced with a problem of noncompliance
with the Agreement conceivably on both the Carrier and the Employee's
side. For this reason it is believed that Claimant should be reinstated
to his former position with all rights unimpaired, but without compensation for time lost. The rationale for this position is that he
apparently did not file his proper address with Carrier, and further
Carrier did not attempt to notify him in the appropriate manner
as set forth in the Agreement.
AWARD
Claim sustained in part. Claimant shall be reinstated
to his former position with all rights unimpaired
but without compensation for time lost.
ORDER
Carrier will comply with the Award herein,
within 30 days from the date hereof.
I.M. Lieberman, Neutral-Chairman
. . Fo se, Employee Member
San Francisco, California
January, ;1~ 1987
H. tiles, Carrier Member