PABTIESs Brotherhood of Maintenance~of Way Employes TO s. 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 terminated M. Townsend*s eeniority . (Organization File 9T-44978 Carrier File R1-84-156).


        (2) Claimant M. Townsend shall be reinstated with seniority and all other rixhts unimpaired and compensated for all wage loss suffered."


FINDINGS:

 This Board, upon the whole record and all the evidence, finds and holds. that the employes and the carrier involved. are respectively employes and Carrier within thb meaning of theRailway Labor Act as amended, and that the Board has jurisdiction over the dispute herein.

                                                      a

The record shows that claimant was furloughed as-a trackman on November°7, 1982. At the time there were no . positions to which he could exercise his seniority

        Rule 10 of the applicable Agreement provides:


              "Rile 10 - Retention of Seniority


      "Employes whose positions have been abolished or who have Peen displaced who desire to retain their seniority without disDlacin¢ employes with less seniority must, within fifteen (15) calendar days, file their name and address with the Assistant Division ManasrerEngineering and thereafter notify him in writing of any change in address. An employe who is absent on vacation or leave of absence when his job is abolished or he is displaced will have the same rights, provided' such rights are exercised within ten calendar days of his return to active service.

      s~4- g;) y Award N0. 3g Docket No. 4~t Page 2. "Emaloyes complying with this Rule will continue to qccumulaxe seniority during the,period they are furloughed."


The Organization states that when claimant was in thd office of the-Assistant Division Manager-Engineering on February 6, 1984, in connection with a matter not involved herein, he inauirad about the possibility of recall in 1984 and was informed that he had been terminated for not filing a rights retainer. The Organization contends that claimant did file his name and address within the fifteen (15) day time limit provided in Rule 10, end also contends that Carrier did not notify claimant of his termination until some sixteen months after his furlough.

 The Carrier contends that claimant did not file his name and address with the Assistant Division Manager-Engineering within fiftAen calendar days of November 7, 1982, and'was accordinaly removed from the seniority roster as required by J1ule 10. Th4 Carrier also points out that claimant s name did not appear on the March 1. 11983, seniority roster and such omission from the roster was not, protested.

 The Board finds that=Rule 10 of the Agreement is clear and unambiguous and its provisions are self=executing. Em loyes who do not eomDly with the rule do not retain seniority. ~e Board can only apply the Agreement as written. There is no provision in the rule recuiring the Carrier to notify an employe when he hasfailed to comply with the rule. While the contention is made that claimant did file his name and address within the fifteen (15) day time limit, trere is no evidence in the record as to when claimant did so.

 Based upon the record, the Board can only find that the termination of claimant's seniority was prover under Rule 10. See Aw"rd No. 20 of Public Law Board No. 2960 involving the same parties.

                      A W A A D


        Claim denied.


                    Chairman, Neutral' Member


arrier embe abor Mem er

 Dated: