SPECSAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC TAILR(AD COMNY
STATEN4EIVT
OF CIAIM: Claim of the System Committee of the Brotherhood that
(1) The Carrier violated the effective Agreement by failing to
notify B&B laborer T. D. Zeal to report for work Apri7.16,
1959, in Bridge Gang No. 1.
(2) The Carrier now compensate B&B Laborer T. D. Leal for 8
hours pay at his respective rate on each work day during
the period April 16 to May 5, 1959, inclusive, account of
this violation of Agreement referred to in part (1) of
this claim.
FINDINGS
: This case involves a question of notice of recall to work under Rule
3(f) which provides for notice by mail or telegram to the last known
address. The Carrier's records show that a letter of recall was mailed to the
claimant on April 13, 1959. This complies with the requirements of Rule 3(f) even
though the claimant denies receiving the same because the rule is that evidence of
mailing satisfies the requirement for notice by mail.
AWARD
: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 279
(s) Dudley E. Whiting
Dudley E. Whiting - Chairman
(s) A. J. Cunningham (s) G. W. Johnson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
September 6, 1962
File BMWE 19-59