PUBLIC LAW BOARD NO. 3308
Award No. 17
Case No. 18
PARTIES Brotherhood of Maintenance of Way Employee
To
DISPUTE The Atchison, Topeka and :Santa Fe -Railway Company
STATEMENT
OF CLAIM "Claim for reinstatement of former Trackman
J. W. Krack, Middle Division, and that 'he be
compensated for all wage loss and/or otherwise
made whole', account the claimant's name being
improperly removed from the seniority roster
for failure to respond to recall."
FINDINGS Upon the whole record, the Board finds that the
parties herein are Carrier and Employes within the meaning of the
Railway Labor Act, as amended, and that this Board is duly consti
tuted under Public Law 89-456 and has jurisdiction of the parties
and the subject matter.
Claimant, who vas an off-in-force-reduction employe, was
recalled to service under the provisions of Rule 2, Section (c).
The employs
failed to report as directed and his name was removed
from the seniority roster.
The pertinent part of Rule 2. Section (c) reads as follows:
"xxxx failure to report on the date indicated
in the notification of recall, not to exceed
fifteen (15) calendar days from date of notification of'recall forwarded to the employe's last
)mown address, without a satisfactory reason,
will result in forfeiture of seniority in the
class where recalled."
The
Organisation contends that Claimant was discharged without
the benefit of a formal investigation in violation of Rule 13DISCIPLINE.
Award No. 17
- 3305
Page Not 2
We have reviewed this record in detail and can find no
probative evidence to show Claimant complied with the mandatory
provisions of Rule 2, Section (c). The soardls conclusion that
the rule is self-executing and provides for an automatic loss of
seniority is consistent with numerous awards of various Divisions
of the National Railroad Adjustment Board.
This type of self-executing rule is not within the contemplation
of Rule 13, therefore, the Agreement was not violated.
AWARD Claim
denied.
Clarence H. Her ton
u · a ember
carrier
Mem Gr ani at on Member
y
Dated at Chicago, Illinois
March 1, 1983