Case No. 19
PUBLIC LAW BOARD NO. 4823
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO ) versus
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
"Carrier's decision to remove former Valley Division B&B
Helper R. Rojas and Trackman J. D. Hendrickson from service
was extreme, unwarranted and unjustified.
Accordingly, Carrier should now be required to
reinstate the claimants with their seniority rights
unimpaired and compensate them for all wages lost and/or
made whole beginning July 14, 1989, forward. (Carrier file
11-970-60-461; Organization's file 190-2-8926)"
FINDINGS:
This Public Law Board No. 4823 finds that the parties
herein are Carrier and Employees within the meaning of the
Railway Labor Act, as amended, and that this Board has
jurisdiction.
Claimants Rojas and Hendrickson were assigned to
positions in B&B Gang No. 12. Their positions were
abolished at close of work on Friday, June 30, 1989.
Claimant Rojas did not have sufficient seniority to
displace; therefore, he was considered off in force
reduction (furloughed). Rules 2(c) and 3-(c) of the current
Maintenance of Way Agreement read, in pertinent part, as
follows:
2 - (c) - Rentention of Seniority.
"Employe(s) laid off in force reduction shall
retain their seniority provided they (1) file
their address in writing within fifteen (15)
calendar days after being displaced ***"
3 - (c) - Displacing as a Result of Force
Reduction.
"*** when forces are reduced or jobs are
Case
No.
19 Page 2 AWARD
N0. 19 --~
g a3
abolished, employes occupying the jobs at time
of abolishment will displace any junior employe
in the
highest paid
seniority class where
seniority is held; if no employe their junior in
the highest paid seniority class where seniority
is held, they will displace any employe their
junior in each succeeding lower paid class where
seniority is held until their seniority is
exhausted. *** .failure to exercise displacing
rights under this rule will result in forfeiture
of seniority."
Claimant Rojas did not file his
address in
writing
within fifteen (15) calendar days after being displaced
(furloughed).
Claimant Hendrickson did not have sufficient seniority
to displace as a B&B Helper, however, he held seniority as a
trackman in addition to seniority as a B&B Helper. Upon the
abolishment of his position in B&B Gang
No.
12, he had
sufficient seniority to displace as a trackman, but he did
not do so; as a consequence, he forfeited his seniority as a
trackman, pursuant to Rule 3-(c), supra. By virtue of
forfeiting his seniority as a trackman (and lacking
sufficient seniority to displace as a B&B Helper), he was
considered off in force reduction (furloughed). He did not
file his address in writing within fifteen (15) calendar
days after being displaced (furloughed).
The record contains no indication that any mitigating
factors were involved in the claimants' failure to file
their respective addresses as required by Rule 2-(c).
It has been firmly and unequivocally'established by
numerous awards on this property (among the many, see Third
Division Awards 28143 and 28144, as well as Awards 12, 16,
17 and 18 of Public Law Board No. 3308) that Rule 2-(c),
supra, is a self-executing rule. Failure to comply
therewith results in the automatic loss of seniority.
Accordingly, the Board finds no basis for sustaining the
instant claim.
~k(3-ygA3
Case No. 19 Page 3 AWARD NO. 19
AWARD: Claim denied.
G. is ael Garmo , Chairman
Employee Member
Cams Member
Dated at Chicago, IL:
Ile