PUBLIC L%W
BOARD N0. 3542
· BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
Parties
to the Case No. 22
Dispute vs. ~
· CONSOLIDATED RAIL CORPORATION
'l/~, WN'l/q~-
ST ATEiENT OF CLAIM
System Docket CR-173D, Claim of M. D. Smith relative to
forfeiture of seniority under Rule 28 of the applicable
agreement.
OPINION OF THE BOARD
Claimant M. D. Smith was assigned as a Trackman in LaRue,
Ohio. On September 15, 1982, he was furnished a medical form
and advised to see a Carrier doctor. On September 21, 1982, he
was qualified to return to service. A number of attempts to encourage Claimant to return to service were to no avail. Carrier
then invoked Rule 28(b). Rule 28(b) is a self-implementing Rule
that automatically caused Claimant to forfeit his seniority. A
claim was filed that has resulted in this case before the Board.
PLB-3542 2 Award No. 25
At. the hearing; where this matter was discussed before the
Board,
it
was agreed that Carrier would return Claimant to service
and the instant case would be dismissed. The issue of seniority
date was to be decided by the parties.
AWARD
The claim is dismissed.
R. E. Dennis, Neutral Member
,
. Dodd, Employe Member R. Neil, Carrier-Memher
(-°lO-8-~P
Date of Adoption