PROCEEDINGS BEFORE PUBLIC
LAW
BOARD NO. 3781
Case No. 103
Referee Fred Blackwell
Carrier Member: R. O'Neill Labor Member: W. E. LaRue
PA=ILS TO
DISPUTE: - _' _ - -
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
VS.
CONSOLIDATED RAIL CORPORATION
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.
OPINION
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
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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