NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
DISPUTE.-" Claim of the clerical employees o77 the New Orleans and Northeastern Railroad that J. E. Coughlin, clerk, Hattiesburg, Mississippi, has forfeited his seniority and that his name should be removed from the seniority list."
FINDINGS.-The Third Division of the Adjustment Board, nlxm the whole record and all the evidence, finds that:
The carrier arid the employes involved in this dispute are, respectively, carrier and employes within tile meaning of tile Railway Labor Act as approved June 21, 1934.
This division of the Adjustment Board hits jurisdiction over tile dispute involved herein.
The parties to s;iid dispute Nvere given due notice of hearing thereon.The parties have jointly certified the following Statement of Pacts, and tile Third Division so finds:
" On November 18 1933, the position of night clerk at Hattiesburg, Mississipiri, was lutlletined. Mr. Coughlin, who hall been furloughed oil account of reduclion in forces, bid for the position, and, being the senior qualified bidder, vvas awarded the position bill did not go oil same for reasons as hereinafter set forth in respective contentions."
Due notice sass given to J. E. Coughlin that be was awarded the position of night clerk, but lie did not accept assignment thereto within the period o1 time specified in Role 6, paragraph (j) of Agreement, effective September 1, 19`18, between the patties, reading:
"* * ' Employes failing to return to tile service within seven (7) days after being notified (by mail or telegram sent to address last given) or give satisfactor. reason for not doing so will be considered out of the ,service."
It is found that during the period November 16 to December 4, 1D33, clerk J. E. Coughlin was ill and under treatment by a physician, which prevented him front accepting said assignment within tire period of time specified in Rule 5, paragraph 1j).