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Award No. 18789
Docket No. CL-19150
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Robert A. Franden, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
DETROIT, TOLEDO & IRONTON RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood (GL-6884) that:
1. The Carrier violated
the Clerks' Agreement when on November 19, 1969, it would not allow Anna L. Estes, Flat Rock, Michigan,
to return to service.
2. Claimant Estes, shall now he reinstated to service with the
Carrier with seniority and all other rights unimpared.
3. Mrs. Estes shall now be compensated for all wages and other
losses sustained account the Carrier denying her right to return to
service.
OPINION OF BOARD:
This case arises out of the failure of Claimant
Estes to comply with Rules 17(a) and (e) which read as follows:
"RULE 17-LEAVE OF ABSENCE
(a) An employe desiring to remain away from service must obtain
permission from his immediate supervisor, except in case of accident
or sickness, in which case his immediate supervisor must be notified
as promptly as practicable. Request for leave of absence for a longer
period than thirty (30) calendar days must be in writing.
(c) An employe who fails to report for duty at the expiration of
of his leave of absence will forfeit his seniority rights, except when
failure to report on time is the result of unavoidable delay, in which
case the leave will be extended to include such, delay."
Rule 17(a) is clear. Leave of absence in excess of 30 days must be
requested in writing. This the Claimant failed to do.
Rule 17(c) is clear also and the Claimant must do more than allege
unavoidable delay to come under the exception.
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of October 1971.
Keenar, Pri:itinc~ Co .Chicago, ill. Printed in U.S.A.
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