Award No,
Case No. 15
PARTIES TO DISPUTE:
(Brotherhood of Maintenance of Way Employes
(Burlington Northam Santa Fe Railway (former St. Louis(San Francisco Railway Company)
STAJE-~MENT of CLAIM:
1. The Carrier violated the current Agreement when the name of Sheila D.
White was removed from the seniority rosters when she allegedly failed to
return from a leave of absence and failed to request and receive an extension
to her leave of absence.
2. As a consequence of the Carrier's violation referred to above, Claimant
shall be returned to service, the discipline shall be removed from the Claimant's
personal record, and he shall be compensated for all wages lost in accordance
with the Agreement.
FINDINGS
Upon the whole record and all the evidence, the Board finds that the parties herein are
carrier and employee within the meaning of the Railway Labor Act, as amended. Further, the
Board is duly constituted by Agreement, has jurisdiction of the Parties and of the subject
matter, and the Parties to this dispute were given due notice of the hearing thereon.
Claimant had been granted a leave of absence that expired on September 30, 1998. On
December 4, 1998, Carrier wrote Claimant advising that since she had failed to return to
service on or before the expiration of her leave of absence, that pursuant to Rule 87 she had
forfeited her seniority.
Shortly after the December 4, 1998, letter, the Organization wrote the Carfier seeking
an extension to Claimant's leave (which was supported by a statement from Claimant's
doctor). The Organization then requested an unjust treatment hearing which was finally held
on February 11, 1999. On February 22, 1899, Carrier reaffirmed its position, following the
Investigation.
I
i
RECEIVED
GENERAL CHAIRMAN'S
OFFICE - I
FRISCO FEDERATION SMVVE
SPRMG
FIELO, MO
s'
(0103
Page 2 Award No.
Case No. 13
On April 7, 1999, the Organization flied a claim seeking reinstatement of Claimant's
seniority and pay for all time lost. Carrier never responded and on July 9, 1999, the
Organization appealed to Canter's highest officer to handle claims and grievances seeking
reinstatement and pay for all time lost based on procedural grounds as well as lack of merit.
The Carrier in its leer of response of August 27, 1999, offered no response to the
procedural Argument, expending its energy to supporting Its decision in advising Claimant that
she had forfeited her seniority by failing to secure an extension to her leave on or before
September 30, 1998.
Because of the procedural error, Claimant's seniority will be reinstated, but there will
be no pay for time lost as the latest records available have convinced this Board that Claimant
was not physically able to resume the duties for which she had been employed.
AWAR
Claim sustained in accordance with the Findings.
QBQEB
This Board, after consideration of the dispute Identified above, hereby orders that an
award favorable to the Paimant(s) be made. The Carrier is ordered to make the award
effective on or before 30 days following the date the award is adopted.
obert L. Hicks, Neutral Member ICChairman
Public Law Board 6103
Dated:
T1,1 3
2-() o J
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