PUBLIC LAW BOARD No. 4381: CASE No. 25
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
v.
BURLINGTON NORTHERN RAILROAD
STATEMENT OF CLAIM
1. The Carrier violated the Agreement when it improperly closed the service
record of B&B Carpenter M. Monear (System File P-P-637/AMWB 86-05-27B).
2. The Claimant shall be reinstated with seniority and all benefits unimpaired,
including, but not limited to, promotions he could have obtained, vacation
qualifications and health and welfare benefits, and he shall be compensated
for all wage loss suffered, including overtime.
FINDINGS
On January 31, 1986, the Claimant, Mr. Mark E. Monear, was notified that
his position would be abolished, effective February 7, 1986. In accordance
with the provisions of Rule 9, Mr. Monear had ten (10) calendar days to
submit the Rule 9 fozm. He did not attempt to submit Form 15364 until
February 19, 1986, the twelfth (12th) day following his layoff. The record
of the case indicates that Mr. Monear had been furnished a copy of the Working
Agreement containing Rule 9. During prior layoffs in 1981, 1982 and 1985,
Mr. Monear submitted the required forms in a timely manner. Therefore,
this Board must conclude that Mr. Monear knew or should have known of the
Rule 9 procedure, including the time restrictions.
The ten-day provision of Rule 9 is self-actuating. This Board finds
no mitigating circumstance which should serve to stay the self-executing
language of Rule 9. The Organization has not convincingly established that
the Carrier has been inconsistent in the application of the time limit
requirements of Rule 9, or that the "clarity" of that rule has been diminished
by the Carrier's past actions.
The record of this case provides no basis for the self-executing provision
of Rule 9 to be set aside.
~t 381 - 25-
f2,
AWARD
Claim denied.
Ronald L. Miller
Chairman and Neutral Member
e
i a .
ine M. Timberman 4Car1 P. utsen
Carrier Member Organization Member
q-5-
Date