SPECIAL BOARD OF ADJUSTMENT N0. 924
Award No.
/a
Docket No. 128 :.
PARTIES: Brotherhood of~Mantenance of Way Employes -
TO
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
- that: _
(1) The Carrier violated the Agreement when it removed the name of
T.C. Reeves from the Seniority District T-2 seniority roster.
[Organization File 4SW-1168 T; Carrier File 81-87-921
(2) The Carrier shall now be required to restore T. C. Reeves' name
to the appropriate Seniority District T-2 seniority rosters and
compensate him 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 26, 1986, Claimant was displaced by a senior
employee. On December 16, 1986, Carrier informed Claimant that his
name was being removed from the seniority roster because Carrier had
not received his seniority retention form within the specified time
limit. The Organization thereafter filed a claim on Claimant's
behalf, challenging Claimant's removal from the seniority roster.
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 form to the assistant division manager within 15
days as required by Rule 10. The Claimant was displaced on November
26, 1986, and the record contains evidence that the Claimant mailed
his rights retainer letter to the assistant division manager on
December 12, 1986. Rule 10 requires that the letter be sent on or
1
~f a.o
before December 11, 1986, and the Claimant- was clearly a day late.
The Carrier has produced the envelope.which
contains a
clear postmark
showing December 12, 1986,-as the date of mailing.
Although the employees have submitted a copy of the rights
retainer letter which was sent to the general chairman on December 11,
1986, the rules require that the rights retainer letter must be mailed
to the assistant division manager within the 15-day period. It is
only the mailing of the form to the assistant division manager which
protects the Claimant's seniority.
This Board is without authority to extend the period of time set
forth in Rule 10. Although there is only one day involved, this Board
must find that the Claimant did not file his rights retainer within
the 15 days set forth in Rule 10. Therefore, the claim must be
denied.
Award:
Claim denied.
I
' Neutral Memb r
Caer Member Organization Member
Date:
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