Public Law Board No. 3794
PARTIES Brotherhood of Maintenance of Way Employes
TO
DIS15UTE: and
Seaboard System Railroad
STATEMENT 1. The dismissal of Trackman S. Quick was without
OF .
CLAIM: just and sufficient cause and was excessive.
2. Claimant shall now be reinstated with seniority
and all other rights unimpaired and be compen
sated for all wage loss suffered.
FINDINGS: On August 15, 1984, claimant was dismissed from Car
rier's service when he did not respond on July 22,
1984 to a morning roll call of an L & N System Rail
Laying Gang working on the Corbin Division. In the
course of the discussion that ensued that morning,
he verbally threatened a supervisor who was acting
in line with his responsibilities. That case was
considered by Public Law Board 2363 in detail in
Award 117. Carrier's findings and decision were
upheld by Board 2363 in that case.
Petitioner points out that claimant had established
seniority as a Trackman in the Seaboard Coast Line Track Subdepart
ment, Group- A, Rocky Mount and Raleigh Division Seniority District
PLB-3794 2
Award 118
on April 9, 1979, long before the above mentioned incident. While
on furlough from the Raleigh District, he began work on the L & N
Rail Laying Gang on July 22, 1984. The incident in question -
beginning with his failure to answer the morning roll call took
place two days later.
It is Petitioner's position that since Carrier has
not accorded claimant a hearing under Rule 39 of the Seaboard Coast
Line Agreement, claimant was never properly dismissed from Seaboard.
It reasons that the L & N Agreement, under the terms of which claimant
was dismissed on August 15, 1984, is not applicable to the present
case where.claimant's seniority on the former Seaboard Coast Line
Railroad is at stake.
Seaboard Coast Line and the L & N are part of the
Seaboard System Railroad. Accordingly, when an employee has been
duly dismissed under the terms of the agreement of the L & N, his
employment relationship with the Seaboard System is also severed
and the rights he may have had with any other craft or member of
the System are dissolved. That principle is well established. See
Third Division Awards 24604, 12104, 9974.
AWARD: Claim denied.
Adopted at Jacksonville, Florida, 1985.
C /
Harold M. Wes on, Chairman
Carrier Member Employee M6 mber