P~;aLIC L.V: UCARL hO. 3.:08
Award :o. 1 5
case
No.
19
pdRTIM brotherhood of maintenance of Slay Employes
TO
DISPUTE The Atchison# Topeka and Santa Fe Railway Company
sraTLX
hr
Ce CLAIM;
"Clam
for reinstatement of former Trackman
floxard Lolar, middle Division, 'with seniority,
vacation, all benefit rights unimpaired, pay
for wage lose and/or otherwise made whole.'
account the claimant's name being improperly
removed from the seniority roster for failure
to respond to recall."
FINDINGS Lpon the whole record, the Board finds that the
parties herein are Carrier and Employee within the meaning of the
RaiIaraT Labor
ActV
as aaended, and that this Board is duly consti
tuted under Public Law 89-456 and has jurisdiction of the parties
and the subject matter.
Claimant van in an otf-in-force-reduction status and eras
subject to recall. In a letter dated May 20, 1982, claimant vas
recalled under the provisions of hula 2, Section (c), reading in
part as followat
"xcocx failure to report on the date indicated
in the notification of recall, not to e:'c; ;·3
fifteen (15) calendar days from date of notification of recall forwarded to the omplo~els last
known address, without a satisfiactor; reason,
will result in forfeiture of seniority in the
class where recalled."
Claimant failed to report in a timely fashion as required by
the retie. In a letter dated June 7, 1982' carrier advised Claimant
that his name was removed fro.:, the senieri.t,: roster in accurdance
with rule supra.
Award No. 18
- 3
page
Ho' 2
RUL41
29 Section (c? is self-executing and provides that
failure to respond in a timely fashion results in an employe
being considered resigned. This Soard has recently considered a
related dispute, Awar,9s Nos. 16 and 17, and
fcar:d in those Awards
also that 5eninrity rights were terminated under the provisions of
Rule 2# section (c).
The record in thiI cave clearly drraonstratca that Claimant
dial not abide by the time limit provisions of the applicable rule.
'4hesafore, Carrier did riot violate the Agreement.
AWARD
Claim denied.
~U/LGz .~l ,
Clarence ti. ::arxiz cr
::eutral :-:e~eter
,~_~.z.
Y :eader
u44
=4
Crganicat on::acts
Dated at Chicago, Illinois
Ptarch 1, 1983