Public Law Board No. 3794
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and -
CSX Transportation, Inc.
STATEMENT The termination of Trackman L. L. Davis' seniority--
OF
CLAIM: was without just and sufficient cause. He shall
be reinstated with seniority and all other rights
unimpaired and compensation
for
all wage loss
suffered beginning on January 27, 1986, the date
of his release by his doctor for return to work.
FINDINGS: The Carrier's position is that claimant resigned
from its service on October 10, 1985 when he in
formed his foreman, A. R. Conner, that he was
quitting Carrier's service in order to embark
on a business venture of his own. Conner re
ported that development to Roadmaster Edwards
and Carrier's were noted to show a resignation.
While claimant recalled the conversation which
took place when his Section Gang was at work, he insists that he
said "I quit" jokingly and that "we always take nothing serious,
all of us, when we work together." Conner and Signal Maintainer
Griffin both testified that claimant said that day he was quitting
379Y - y~(
and that he did so in a very serious manner.
Carrier's position is supported to -a considerable-.
extent by the fact that nothing was heard from claimant after
October 10 until two months later, in December.
The difficulty with Carrier's position, however,
is that it never obtained a signed statement of resignation or
indeed until after claimant reappeared and sought to return to
work, did not send him any written confirmation as to his resignation and the incident of October 10.
A resignation from employment is a very serious
matter and is not treated as informally by an employer as it appears to have been in this case. The record is not sufficient to
support Carrier's contention that claimant resigned and no charge
or finding has been made with respect to long unexcusel absence.
Claimant will be restored to service without back
pay.
AWARD:
Claimant reinstated with seniority rights unim
paired but without back pay. To be effective
within 30 days.
dopted at Jacksonville, Florida,
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17)
1987.
7-~go
Carrier Member
Har 1 M. Weston, Chairman
ployee Member