NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD N0. 4370
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
BURLINGTON NORTHERN RAILROAD COMPANY
AWARD NO. 7
Case No. 1
STATEMENT OF CLAIM
1. That the Carrier vialated the provisions of
the current agreement when it failed to recall. Mr. D.
R. Childress from a furloughed status in seniority
order.
2. The Carrier will now be required to reimburse
Mr. Childress for all wage loss suffered as result of
the violation referred to above.
F I --N D I- N G S
Claimant was furloughed on January 28, 1985. The Carrier
alleges that no notice was received from the Claimant filing his
name and address for recall purposes: As a result, the Claimant's name was removed from the seniorityroster, in accordance
with Rule 13 (c). When the Claimant called the Division Office
in May 1986 to-inquire -as to his status, he was advised of the
Carrier's previous action.
f,UG 1 5 1988
EMPLOYEE RELATIONS
PLB No. 4370
Award No. 7
Page 2
The Claimant contended that he had filed the necessary recall
form in timely fashion and produced his own file copy of the form.
The Claimant was then reinstated to seniority and recalled for
the next available opening.
The remaining dispute concerns whether or not the Claimant
should be compensated for the time he was out of work during which
junior employees had been recalled.
While the Claimant's action in filling out the recall form
was substantiated, there remains the question as to its receipt
at the time by either the Carrier or the Organization. The solution
worked out on the property by the parties appears to have been
fair and equitable. The Board finds that the Carrier acted in
good faith and notes that the Claimant made no inquiry concerning
his situation for 16 months. No further remedy is appropriate.
A W A R D
Claim denied.
HERBERT L. MARX, JR., Referee
ds- l!
~~
.i
C. F. Foose,-Employee Member R.J.~chneider, Carrier Member
NEW YORK, NY
DATED: