PUHLIC LAW BOARD NO. 33013
award ho. 19
Case No. 20
PARTIES Brotherhood of Maintenance of Way Lmployes
TO
DISPUTE The Atchison, Topeka and Santa Fe Railway Company
STATEMENT
OF CLAIM "Claim for reinstatement of former Traclflman
Darrell nurke, Northern Division, and that he
be 'compensated at his respective pro rata
rate from March il, 1982 continuing forward
until he is returned to service,' account the
claimant's seniority
being improperly
removed
from the seniority roster for failure to file
his address."
FINDINGS Upon the whole record, the Hoard finds that the
parties herein are Carrier and Employes
within the
meaning of the
Railvay 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.
Tare dispute now before this Board is due to Claimant's alleged
failure to
file his address in compliance with Rule 2, Section (c)
reading, in pertinent part, as follows%
"Employes laid off in force reduction shall
retain their
seniority provided
they (1) file
their address in writing within fifteen (15)
calendar days after being displaced) xxac."
Carrier contends that Claimant did not file
his address, in
writing, as required within fifteen (15) days of furlough and since
the rule is self-executing, the Claimant automatically lost his
seniority.
We have reviewed the record in detail and find probative
Award Pio. 19
- 3 3
Page No. 2
evidence to support Carrier's contention that the Claimant failed
to file his addre=ss, in writing, as required within fifteen days
of furloughs
Rule 2, Section (c) is self-executing. Such position has
been
upheld
by numerous awards by various Ldvisiona of the National
Railroad Adjustment Board. This Board can find no fault with such
reasoning, therefore, we hold that the
Agreement eras
not violated.
AWARD
Claim denied.
Clarence
H. Harr
Neutral Member
er hember
` Organization
teem er
Dated at Chicago, Illinois
march 1, 1983