Award No. //7 Docket No. 125 PARTIES: Brotherhood of Man£enance of Way Employes TO DISPUTE: Chicago and North Western Transportation Company

 STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
 - that:

(2) Claimant T.N. Rosbeck shall be reinstated with seniority and all
 other rights unimpaired and compensated for all wage loss
 suffered."
 FINDINGS:
 This Board, upon the whole record and all the evidence, finds and holds that the employees and the Carrier involved are respectively employees and Carrier within the meaning of the Railway Labor Act as amended and that the Board has jurisdiction over the dispute herein.
 On November 3, 1986, Claimant T.N. Rosbeck was displaced by a senior trackman. On February 10, 1987, Carrier notified Claimant that his name was being removed from the seniority roster because of his alleged failure to comply with Rule 10 of the controlling agreement. The organization thereafter filed a claim on Claimant's behalf, seeking his restoration to the seniority roster and compensation for time lost.
 This Board has reviewed the record in this case, and we find that there has been insufficient evidence produced to demonstrate that the Claimant mailed the required form to the assistant division manager on a timely basis within the 15 days in order to retain his seniority pursuant to Rule 10. Rule 10 requires strict performance in order to retain seniority, and this Board is without authority to modify the
provisions of that rule. Therefore, the claim must be denied.

 Award: -°






Date: 1~

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