PUBLIC
LAW
BOARD~NO. 2774
Award No. 72
Case No. 109
PARTIES Brotherhood of Maintenance of Way Employees
TO and
D17UTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT "1. That the Carrier violated the provisions of the current
F
CLAIM
agreement when on February 23, 1983, it removed Trackman
L. E. Saiz's name from the seniority roster and terminated
his seniority and employment relationship with the Carrier,
and in so doing caused claimant loss of compensation right
fully belonging to him by virtue of his seniority rights -
under the current agreement.
2. That Claimant Saiz's name now be placed on the appropriate
seniority roster and that his employment relationship and
seniority be reinstated with compensation for all wage loss
suffered with seniority and all other rights restored un
impaired."
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 finder Public Law 89-456 and
has jurisdiction of the parties and the subject matter.
In this dispute, the claimant received a letter abolishing his position and
furloughing him dated January 28, 1983, effective at the close of the shift on
February 4, 1983. Subsequently, Carrier did not receive the letter containing
claimant's address within the period specified in Rule 2, Section (c) of the
agreement. On February 23, 1983, a letter was addressed to claimant terminating
his services as a result of his failure to conform to Rule 2.
This dispute is in all respects identical to that described in Award No. 71 of
this Board. It is on all fours with the prior matter even with respect to
the dates of the termination notice and the original furlough letter. For the
reasons indicated and on the same basis as that contained in Award No. 71, this
claim also must be denied.
PLB No. 2774
- 2 - Award
No. 72
Case No. 109
AWARD
Claim denied.
I.\.M. Lieberman,\Neutra -Chairman
i
f
Foose, Emp oyee Member
G.
. Garmon, Carier Member
Chicago, Illinois
,lu.ly23,
1984