NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-26433
(Carlos Sandoval
PARTIES TO DISPUTE:
(The Texas Mexican Railway Company
STATEMENT OF CLAIM:
"Did the Texas Mexican Railway Company violate Rule 19
of the Collective Bargaining Agreement that on or about
January 1, 1984 they refused to allow Carlos Sandoval a
leave of absence after a furlough period? Further, did
The Texas Mexican Railway Company further violate the
Collective Bargaining Agreement on August 20, 1984
by stripping Sandoval's seniority and thereby effectively terminating him from employment at The Tex
Railway Company?"
OPINION OF BOARD: Carrier submits that both Claims above are covered by
Rule 29.
In response to Claimant's request for 90-day leave after furlough,
Carrier pointed to exigencies of the service dictating refusal because he
could not be spared from the work force. No Rule called to our attention is
violated. Rather, Rule 29 entitled "LEAVE OF ABSENCE", Paragraph (d) is in
point, expressly making the grant of the employes' leave-taking conditional
upon "when they can be spared."
Now we turn to the second Claim. Rule 29(a) explicitly provides
that the ". . . (e)mploye remaining away from service except in cases of
accident or sickness without proper leave of absence will forfeit his
seniority." Claimant made his election to remain away from service on and
after August 15, 1984; when he voluntarily did so it was automatically at the
expense of termination and forfeiture of his seniority.
The present Claims are without merit.
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.
Award Number 26015 Page 2
Docket Number MS-26433
A W A R D
Claim denied.
Attest. 1
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 28th day of May 1986.
