NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-26921
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM:
"Rule 21-A ABSENT WITHOUT PERMISSION"
OPINION OF BOARD: After Claimant last protected his position on December 11,
1984, Carrier had no contact with him until January 17,
1985, when it received a letter requesting a furlough. Thereafter Carrier
notified Claimant it considered he had resigned in accordance with Rule 21-A.
The Rule reads in part:
"(a) Employees who absent themselves from work for
fourteen (14) consecutive days without notifying
their supervisor shall be considered as having
resigned . . . .
Exceptions to the Rule are not applicable here.
Numerous decisions of this Board including Third Division Award 24255
have established that a Rule such as that applicable here is self-executing.
Carrier was entitled to consider Claimant's seniority terminated in conformity
with the Rule.
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 26535 Page 2
Docket Number MS-26921
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 30th day of September 1987.