Parties
to the
Dispute
PUBLIC LAW BOARD N0. 3765
GRAND TRUNK WESTERN RAILROAD COMPANY
VS.
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM
H. T. Tanner-Seniority forfeiture. Request that he be
returned to service.
OPINION
OF THE BOARD
Claimant H. T. Tanner was hired as a Trackman on July 13, 1977.
On November 16, 1979, he was notified that he would be laid off at
the end of the day. The letter notifying Claimant of his layoff
also informed him that he may exercise his seniority within 15 days
in accordance with the Union Agreement, Rule 5(a)(1). That Agreement reads as follows:
Failure to make displacement within (15) days without
furnishing satisfactory evidence to the Company justifies such failure will result in forfeiture of seniority.
Case No. 12
Award No- 12
F
~Gs~ ~z
-2-
Claimant failed to displace within the 15 days specified and
Carrier informed him that he therefore had forfeited his seniority.
This Board has reviewed the record and concludes that Carrier
did not act improperly in this instance. Rule 5(a)(1) is a selfimplementing rule. If an employe fails to displace within 15 days
of being furloughed, his or her seniority is forfeited. Carrier
has no choice in the matter. Claimant was aware of the Rule. He
had been laid off twice before and displaced within the 15-day limit.
The fact that he did not have a copy of the Agreement in his possession at the time he was laid off is not excuse for failing to displace within the 15-day limit. Claimant in this instance failed
to act at his own peril.
AWARD
The claim is denied.
R. Dennis, Neutral Member
c ,
R. . O B en, Carrier Members W. E. LaRue, Employe Member
-~
23
-SS
Date of Adoption