NATIONAL RAILROAD ADJUS24ENT BOARD
THIRD DIVISION Docket Number MW-23425
(Brotherhood of Maintenance of Way r-lnployes
PARTIES TO DISPUm
(The Denver and Rio Grande Western Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it improperly closed
the service record of Section Laborer Ray Vigil (System File D-5-79/MW-19-79)·
(2) Ray Vigil be returned to service with seniority and all other
rights unimpaired and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant was em-cloyed as a section laborer. On January 10s
11 and 12, 1979, he was on leave of absence because of a
death in his family. On January 15, 1979, claimant was incarcerated for driving
while intoxicated. He requested a leave of absence until his release., which
request was denied.
On February 16o 1979, the General Chairman was notified:
"This is to advise that the name of Section Laborer
Raymon Vigil has been removed from the roster for being
absent without permission over 10 working days.
"He last worked Jan.
8,
1979 at Southern Junction."
Appendix "0" of the applicable collective bargaining agreement
provides in part:
"It is understood and agreed that an investigation will
not be necessary when an employe absents himself from his assignment, without permission, for ten wo
Such employe may be dropped at the end of ten working days and
the General Chairman will be notified of such action and the
reason therefor."
The above provision is self-executing and no investigation is required when it is effective. Fur
Award 22383, and Second Division Awards Nos. 7262, 7777s 6606 and 1508.
Under the circumstances, claimant clearly forfeited his employe relationship by his actions in J
While we do not consider that it has any bearing on the cases the
record shows that Claimant made application for and was re-employed on June 26,
1979, and his application for employment was disapproved July 12, 1979, under
Rule 71 which provides that the Company may accept or reject an employe within
sixty days. There was nothing irregular about this.
Award Number 23288 Page 2
Docket Number MW-23425
The Organization has failed to prove a violation of the
Agreement and the claim will be denied.
As we have decided the dispute on its merits, we do not
consider it necessary to pass upon the procedural issues raised by the
Carrier.
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 involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUS24ENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of May 1981.
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