NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number M61-24305
Robert W. McAllister, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific 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 Extra Gang Laborer F. J. Lopez (System File 6-22-11-14-55/013210-1).
(2) Extra Gang Laborer F. J. Lopez be returned to service with
seniority and all other rights unimpaired and he shall be compensated for all
wage loss suffered."
OPINION OF BOARD: The Claimant, F. J. Lopez, was employed as an Extra Gang
Laborer at the Carrier's welding plant in Laramie, Wyoming,
with service since September 15, 1978. On May 1, 1980, the Carrier informed the
Claimant that as a result of his being absent for five consecutive work days
without authorization, he was considered as having voluntarily forfeited his
seniority rights and employment relationship. The Carrier based its action upon
Rule
48K,
which states:
"Employees absenting themselves from their assignments
for five
(5)
consecutive working days without proper
authority shall be considered as voluntarily forfeiting
their seniority rights and employment relationship, unless
justifiable reason is shown as to why proper authority was
not obtained."
Examination of this record discloses no reason existed to justify
Claimant's failure to secure authorization to be absent. Having absented himself
from duty on April
18,
21, 22, and 23,
1980,
the Claimant accepted a fifteen
day deferred suspension on April 24,
1980.
He was instructed to report to his
regular assignment on April 25, He not only failed to do so, but, despite
receipt of the Carrier's notice of May 1,
1980,
by Claimant's wife the next day,
Claimant made no attempt to contact the Carrier until May 12,
1980.
Under the circumstances, this Board has previously held that rules,
such as Rule
48K
herein, are self-invoking and discipline was not involved in
this dispute. Therefore, we cannot agree with the Organization's position that
the Carrier improperly closed the service record of the Claimant having found
no justifiable reason for his failure to secure proper authorization to be
absent.
Award Number 24218
Docket Number IE.1-24305
Page 2
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; aid
That the Agreement was not violated.
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
BY
Rosemarie Brasch - Administrative Assistant
Dated ht Chicago, Illinois, this 14th day of March 1983.
