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


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.


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.

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Dated at Chicago, Illinois
Ptarch 1, 1983