NATIONAL MEDIATION BOARD

PUBLIC LAW BOARD N0. 4370


BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

and

BURLINGTON NORTHERN RAILROAD COMPANY






                    STATEMENT OF CLAIM


      Claim on behalf of C. L. Smith that he be compensated February 28, 1986, and continuing until such time as the alleged violation ceases.


F I N D I N G S At the time of this dispute, the Claimant held seniority in the seniority district encompassed in the agreement between the Colorado and Southern Railway Company and the Organization. He voluntarily sought and was accepted for employment on the Joint Texas Seniority Distict, covered by agreement of the Chicago Rock Island and Pacific Railroad Company and the Organization. He
 was released from service under the latter agreement by the Car- -
 rier within 60 days of his employment. The Carrier refers to -
 Rule 6 as its authority to terminate the Claimant's services-6n '-`
 the Joint Texas Seniority District. Rule 6 reads in pertinent
 part as follows:,-r`~.,~

                                            r~G 1 1988


                                          E.'vIPLOYEE RELATIONS

PLB No. 4370 Award No. 8 Page 2

 (a) An employee who enters the service of the
 Company shall be accepted or rejected within sixty

 (60) days from the date he

 The Organization argues tha since the Claimant had previousl Company" five years earlier. Th reasoning. Clearly, the Claiman

 under the agreement covering the

 with no seniority standing and of Rule 6 of that agreement.

 enters service.

 t

 y e

 this rule is inapplicable here, established seniority with "the Board does not agree with this t was accepted for employment

 Joint Texas-Seniority District

 thus was subject to the provisions

 Allegations by the Organization that the Claimant was terminated because 9f an injury were not -substantiated, nor would such contention serve to mitigate the effect of Rule 6. As pointed out by the Carrier, Claimant's seniority standing on the Colorado and Southern seniority district remained unimpaired.

 A W A R D

 Claim denied.

 HERBERT L. MARX, JR., Referee

 Dm~
 C.F. FOOSE, Employee Member

 NEW YORK, NY

 DATED:

 R. JU Schneider, Carrier Member