CONSOLIDATED RAIL CORPORATION


          STATEMENT OF CLAIM:


          Claim of the System Committee of the Brotherhood that:


          (1) The Agreement was violated when the Carrier failed and refused to remove the name of Mr. C. R. Thacker from the 1986 Repairman Seniority Roster (System Docket CR-2571).


          (2) The name of Mr. C. R. Thacker shall promptly be removed from

          the 1986 Repairman Seniority Roster.


          FINDINGS:


          Upon the whole record and all the evidence, and after hearing on August 17, 1989, in the Carrier's Office, Philadelphia, Pennsylvania, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted by agreement and has jurisdiction of the parties and of the subject matter.


                                  OPINION

          The Claimant Repairman alleges that the Carrier improperly denied his May 25, 1986 protest that the Carrier had improperly carried Repairman Thacker on the 1986 seniority roster.


                  By letter dated May 29, 1986 (Organization Exhibit B-2)


FRED
 ATTORNEY KXKWEU AT LAW
          the carrier stated that Repairman Thacker had returned to work and


19129 ROMAN WAY 1
 GARHEASBURa
 MARYLAND 20979
 (3011 977-5009
          i


                    SBA No. 1016 / Award No. 38 - Case No. 38


          (that the reason "he was off is now a moot question".


                  The record reflects that the Carrier records showed the.


          iClaimant as having marked off sick from July 12 - 23, 1985, and as.


          ,having been on non-service related disability from July 23, 1985


          'forward. The carrier records also reflect that the Claimant was. on furlough during this period: and that on or about April -18, 1986, the Claimant responded to a recall notice and returned to~ work.

          In light of these facts, and based on study of the record as a whole, the Carrier's statement that it had no reason to remove Repairman Thacker from the seniority roster is persuasive


          (Accordingly, the protest against such action will be denied.

                                                                I


          I AWARD:

                                                                1


                  Claim denied.


          i

                  7,j SPECIAL BOARD OF ADJUSTMENT NO. 1016


          I

          i I

          t


                          I red Blackwell, Neutral Member


                                                                I


            S. V. Powers, Labor Member . B rton, Carrier Member


                      Q CC 2 8 1990

                      L

          Executed on , 1990


FRED BLACKWELL
 ATrOBNEYATLAW Conrail\1016\38-38.N09
 19129 ROMM WAY 2
 cur0seuFa
 MARYLANO MM
 13011 en-5000