SPECIAL BOARD OF ADJUSTMENT NO. 1110
BROTHERHOOD OF MAINTENANCE WAY EMPLOYEES

 and

 CSX TRANSPORTATION, INC. (Former Louisville and Nashville Railroad Company).

 Claim of the System Committee of the Brotherhood that:

 The Agreement was

 Award No. 27 Case No. 27

 violated when the Carrier

arbitrarily removed Mr. C.C. Bryant, Jr.'s Rank 3, 4, 5 and 6 seniority dates from the Birmingham South End Seniority District and the SPG Roster [System File


17 (5) (94) /12 (95-0357 )

2. As a consequence of the aforesaid violation, the Carrier shall now reinstate Claimant C.C. Bryant, Jr.'s Rank 3, 4, 5 and 6 seniority dates to their respective positions an the Birmingham South End Seniority District and the SPG Raster.


FINDINGS:

 This Board, upon the whole record and all of the evidence, finds and holds as follows:

 1. That the Carrier and Employees involved are, respectively, Carrier and Employees within the meaning of the Railway Labor Act, as amended, and;

 2. That the Board has jurisdiction over this dispute.

 3. That Claimant C.C. Bryant, Jr. entered the service on March 23, 1981 and established seniority in Sub-department on the Birmingham South End (S&NA South)
District in Ranks 3, 4, 5 and 6. Claimant was furloughed in 1988;
Carrier's the Track Seniority
 1II

when he checked a System Production gang (SPG) in 1994, he noticed that his S&NA seniority dates were not listed thereon.


4. The Organization asserts that Claimant's seniority dates were improperly removed and/or omitted from the rosters in question under Rule 9 of the Agreement. The Carrier asserts that Claimant failed to respond to a recall notice :issued to him on July 21, 1988 and thus forfeited his seniority and his name was removed from the seniority roster. The Carrier points out that the recall notice was forwarded by certified mall, and that the certified mail receipts were provided to the Organization. The Carrier further claims that it received no subsequent notice from Claimant until December 1994 when his claim was filed.


After careful review of the facts and arguments of the Parties, the claim is denied.


AWARD:

 The Claim is denied in accordance with the Opinion of the

 Board.

 E. William Hockenberry
 Chairman and Neutral Member

 Patricia A. Madden
 Carrier Member
Donald D%Bartholom Employee ember

 Dated:

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