PUBLIC LAW BOARD N0. 2774 '
Award No. 73
Case No. 110
PARTIES Brotherhood of Maintenance of 'day Employees
TO and
DI3`PUTE Atchi4on, Topeka and Santa Fe Railway Company
STATEMENT "1. That the Carrier violated the provisions of the current
agreement when on February 23, 1983, it removed Trackman
F. J. Sais's name from the seniority roster and terminata.-i
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 F. J. Sais's name now be placed on the appro
priate 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
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 F. J. Sais was furloughed by letter dated January 23, 1983, effective
with the close of his shift, February 4, 1983. As
in
the two immediately prior
awards of this Board, the claimant did not furnish a copy of his address as prescribed in Rule 2, Section (c), of the agreement. In this case, as in the prior
two disputes, claimant insisted that he furnished his address by placing the
material in the mails but established no proof that such was ever received by
Carrier.
0
Since this claim is identical with that contained in Awards 71 and 72 of this
Board, and for the reasons indicated in Award No. 71, this claim also must be
denied.
PLB No. 2774
- 2 - Award
No. 73
Case No. 110
AWARD
Claim denied.
Ly.
. Lieberman, Neutral-Chairman
C. F. Foose, Employee Member Garmon, Carrier Member
Chicago, Illinois
Jul y73,
1984
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