NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-23476
(Bonnie L. Holland
PARTIES 7th DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific
( Railroad Company
STATEMENT OF CIAIM: "Statement of Fact: On November 25,
1979,
I returned to
Tacoma, Washington, because of a family illness which I
considered an emergency. I notified the carrier by letter at my earliest
opportunity on Wednesday, November 28,
1979,
that I had returned to Tacoma,
Washington, account of a family emergency. I also informed the carrier that
I felt it necessary that I relinquish my position as stenololArk is the Division
Manager's office in Milwaukee, Wisconsin. I also included my forwarding
address. In reply I received a letter from the carrier stating that I was on
unauthorized leave of absence and that as a result of my relinquishing my
permanent position, I had forfeited my seniority rights in all seniority
districts..
I feel that the .first paragraph of my original letter to Mr. McKegney
automatically placed me on leave of absence as per rule 25, paragraph (a) which
states that an employee detained from work because of sickness or personal
injury of himself or an immediate member of his family will be regarded as on
leave of absence and his return to service will be governed by the provisions
of Rule 23 (e).
In regards to relinquishing my position, rule 8(b) states an employee
voluntarily relinquishing his permanent position cannot displace a regularly
assigned employee but will be considered furloughed as of date of relinquishment
and, if he desires to protect his seniority rights, must comply with the provisions
of Rule 12 (b). The provisions of this rule 8(b) apply only during the thirty
(30) working day qualification period referred to in Rule 8(a) or in a case where
the physical condition of an employee so changes as to make him physically
unable to continue on the assignment. Exceptions may be made in meritorious
cases.
My first day on position #34110 was October
17, 1979.
I actually
worked the position 2 days, was off sick 3 days, and was paid 1 holiday, my
last day being November 23,
1979.
I feel that I have been unjustly dismissed and am asking for
reinstatement of all seniority rights on both the Was.-r:;;ton and Wisconsin.
Division."
Award Number
23453
Page
2
Docket Number MS-23476
OPINION OF BOARD: Ms. Bonnie L. Holland, the Claimant, was regularly assignee :.
Steno-Clerk Position No.
34110.
She last worked the pozitior.
on November
23, 1979
and has been absent without proper authority since that
date.
The record clearly shows Claimant never presented a grievance to
Carrier under the applicable agreement, nor did she attempt to handle the cls L..
in the usual manner on the property. The claim, therefore, was not handled as
required by Section
3,
First (i) of the Railway Labor Act and Circular No. 1
of this Board. See Awards
17166, 19620, 19709, 20574, 21440
and
23023.
The claim must be dismissed.
FINDINGS: The Third Divisim 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 claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: _
Executive
Secretary
Dated at Chicago, Illinois, this 8th day of December
1981.