(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employees PARTIES TO DISPUTE: (St. Louis Southwestern Railway Company

(1) Carrier violated the Clerks' current Agreement when it arbitrarily terminated seniority of T. M. September 30, 1971.

 (2) That Carrier now be requircd to reinstate Mr. T. M. Glover, Jr. to the service of the Carrier with all rights, including, seniority, vacation, sick leave, Health and Welfare rights, unimpaired, and be reimbursed for all hospital, medical and surgical expense incurred from September 30, 1971. Also, be paid for all wage loss suffered from September 30, 1971.

 OPINION OF BOARD: The claim is the same as that set forth in AWARD 19806 of
 this Division, and in Award 19905.
 The positions and arguments of the parties are the same. The same Rules
 are relied upon by this Petitioner and the same responses have been made by
 the Carrier as were discussed in the prior cases referred to above. The same
 Memorandum of Agreement dated January 13, 1969, between the Organization and
 the Carrier is controlling in this case ~;s in the two prior cases.

 The petitioner's statement of the facts in this case concedes that he was an out patient for approximately sixteen months after leaving the hospital. He did not advise was unable to work and he did not furnish medical proof of this during the sixteen months. The Memorandum of Agreement requires a report within ten days following each consecutive ninety day period of absence. The belated report of his doctor does not provide the information required to excuse the petitioner's failure to comply with the Agreement.

 The discussion and reasoning in each of the decisions reached by this Division in the two prior cases cited above are applicable in this case as though fully set forth herein at leng_h. It is not necessary to repeat the Board's Opinion herein.


        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 Car.-_er and The Employes involved in this dispute are respectively Carrier ana Employes within the meaning of the Railway Labor Act, as approved June 2L, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the the Carrier did not violate the Agreement.


                      A W A R D


        Claim Denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: · &~
 Executive Secretary

 Dated at Chicago, Illinois, this 7th day of September 1973.

 . X
                    NATIONAL RAILROAD ADJUSTMENT BOARD

                    Award Number 19904

                    THIRD DIVISION Docket Number CL-20021


                        Irving T. Bergman, Referee


        (Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employees PARTIES TO DISPUTE: (St. Louis Southwestern Railway Company


                    STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7211) that:


              (1) Carrier violated the Clerks' current Agreement when it arbi-

        trarily terminated seniority of T. M. Glover, Jr., Pine Bluff, Arkansas on

        September 30, 1971. -


        (2) That Carrier now be requir=d to reinstate Mr. T. M. Clover, Jr. to the service of the Carrier with all rights, including, seniority, vacation, sick leave, Health and Welfare rights, unimpaired, and be reimbursed for all hospital, medical and surgical expense incurred from September 30, 1971. Also, be paid for all wage loss suffered from September 30, 1971.


        OPINION OF BOARD: The claim is the same as that set forth in AWARD 19806 of

        this Division, and in Award 19905.

        The positions and arguments of the parties are the same. The same Rules

        are relied upon by this Petitioner and the same responses have been made by

        the Carrier as were discussed in the prior cases referred to above. The same

        Memorandum of Agreement dated January 13, 1969, between the Organization and

        the Carrier is controlling in this case es in the two prior cases.


        The petitioner's statement of the facts in this case concedes that he was an out patient for approximately sixteen months after leaving the hospital. He did not advise was unable to work and he did not furnish medical proof of this during the sixteen months. The Memorandum of Agreement requires a report within ten days following each consecutive ninety day period of absence. The belated report of his doctor does not provide the information required to excuse the petitioner's failure to comply with the Agreement.


        The discussion and reasoning in each of the decisions reached by this Division in the two prior cases cited above are applicable in this case as though fully set forth herein at leng=h. It is not necessary to repeat the Board's Opinion herein.


i ..
                    Award Number 19904 page 2

                    Docket Number CL-20021


        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 Car^;er and The Employes involved in this dispute are respectively Carrier ana Employes within the meaning of the Railway Labor Act, as approved June 2L, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the the Carrier did not violate the Agreement.


                    A W A R D


        Claim Denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 7th day of September 1973.