Case No. 103
Referee Fred Blackwell
Carrier Member: R. O'Neill Labor Member: W. E. LaRue

PA=ILS TO DISPUTE: - _' _ - -







STAIEMENT OF CLAIM:

Docket No. CR-2483 --Claimant Terpetra ---Seniority Forfeiture Request for reinstatement of-Canton MW Shop, BMWE seniority.

FINDINGS:


Upon the whole record and alms the evidence, after March 20, 1989 hearing in Washington, D. C., the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that the Claimant, who was duly notified of said hearing and of his right to be present and participate in same, did not attend said hearing: and that this Board is duly constituted by agreement .an_d-has_iurisdiction of the par-

ties and of the subject matter.


This is an -appeal from the Carrier's action of -removing the Claimant from the BMWE Seniority Roster of the Canton Shop Seniority District under Rule- 4, Section 2 (b) of the parties' February 1, 1982 schedule Agreement as amended June-i4, 1982.

The record--reflects-that the Claimant held seniority under the BMWE Agreement through April 1, 1986; and that on April

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2, 1986, the Claimant was awarded a Machinist position under rep
resentation by the IAM. Accordingly, by virtue of his acceptance
of this job award, the Claimant's rights including his seniority
standing under the BMWE Agreement Were-terminated.
In view - of the foregoing, and based on the record as awhole, the Board concludes and finds that the Claimant's name was properly removed--from the BMWE Seniority Roster and in consequence, his claim will be denied.

        Claim denied.

        The parties have been notified of this Award by Memoran

        dum Letter dated March 23, 1989.

        BY ORDER OF PUBLIC LAW BOARD NO. 3781.

        i e


                Fred Blackwell, Neutral Member


R. O'Neilh; Carrier Member W. E. LaRue, Labor Member

Executed on ,.-r.5- , 3989

CON-3781\33-103.520-_. _ __ _._.._ .-_. _-._ _

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