PUBLIC LAW BOARD N0. 3308

Award No. 11

Case No. 11

s_r"i~3 Zrotherhood of b.aintenance of riay Employes
TG
the .,tehison, '!'opeka and Santa - e .;ai1·ta·~ Company

~T.4Tr t£`IT
:,^ r:LT_:~ "-laim for reinstatement of former 3?stem .tail

Laying Gang liroup 11, Mass 1) ai:ploYe ;.,arrall ..o`,

for reinstatement to service with seniority,

vacation, all other rights unimpairced, and with

pay for wage lose beginning :august 15, 1981, account

the claimant's name Doing improperly removed from

the seniority roster for failure to respond to re

call."

dI::JI1'CS Upon the whole record, the Zoard finds that the
parties herein are Carrier and ZmPloyes within the meaning of the
-:ailway Labor Act, as amended, and that this ':oard is duly consti
tuted under public Law 89-X156 and has jurisdiction of the parties
and the subject matter.
;:laimant, who was an off -in-force-reduction employe, vas recalled to service under the provisions of ula 2, -action (c). :'he employs failed to report as directed and his name vas removed from the seniority roster, as required by the Agreement.

On appeal to thAO Carrier, the Organization advises thats

"Cur investigation reveals that Claimant Joe had extenuating family problems at the time he vas recalled to service with the =arriar, therefore qualifies for consideration for rsemployment at this time."

Award No. 11 - 33a g

Page No. 2

after a careful review of the entire record, the ;aard holes tilat Claimant !:a restored to service with senioritl and other rights unimpaired, but without cac;pensation for time lost while out of service.

:1.-#ALi~ Claim sustained as set out in ?indin,-.s.

Clarenea d. her gton

Neutral .ember

er aember Grganization -ember

Dated at Chicago
February 22, 1733