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_ Aw"o Mo. 1
BEFORE PUBLIC LAW BOARD NO. 6043
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
ILLINOIS CENTRAL RAILROAD COMPANY
Case No. 2
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
1. The Agreement was violated when the Carrier removed Lead
Motor Car Repairman R. M. Russell's name from the 1996
Lead Motor Car Repairman Seniority Roster (Carrier's File
266 BMWE).
2. As a consequence of the aforesaid violation, Lead Motor Car
Repairman R. M. Russell shall now have his name restored to
the appropriate seniority roster.
FINDINGS:
__.
The Organization filed the instant claim on behalf of the Claimant after his name
had been omitted from the 1996 Lead Motor Car Repairman Seniority Roster. The
Organization contends that the Claimant had established seniority as a lead motor car
repairman on March 23, 1981, and had been listed on each subsequent roster with that
date.
The Carrier contends that the Claimant's position had been abolished effective
March 10, 1983. The Claimant had been notified and he subsequently exercised his
seniority to a Motor Car Repairman position. He had voluntarily demoted himself. The
x
Carrier contends that it had notified the Organization of that in a letter dated July 17,
_ _ _. __~ _.__ Awo
a.
pl$ W~3
1985, describing the circumstances attributed to the Claimant's voluntary demotion. The
Carrier explains that the Claimant's name had appeared on the seniority roster in error
from 1985 until 1995 and was correctly removed from the 1996 roster. The Carrier
denied the claim.
The parties being unable to resolve the issue, this matter came before this Board.
This Board has reviewed the record in this case and we fmd that the Carrier
erroneously and in violation of the Agreement removed the Claimant's name from the
1996 Lead Motor Car Repairman Seniority Roster. We disagree with the Carrier's
position that the Claimant failed to retain his proper seniority by demoting himself.
Consequently, this Board has no choice but to sustain the claim. The Claimant's
seniority shall be reinstated to the appropriate seniority roster as of the date of this Award.
AWARD
Claim sustained. The Claimant's seniority shall be restored to the appropriate
seniority roster instanter.
PE ERR. MEYERS
eutral Member
C ER MEMBER OR A RATION M ~ R
Dated: 7-e-98' Dated:
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