NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 26704

THIRD DIVISION Docket Number MS-27276

Ronald L. Miller, Referee

(Ronald W. Green PARTIES TO DISPUTE:

(Consolidated Rail Corporation

STATEMENT OF CLAIM:

"I am seeking reinstatement of my seniority privileges as the 'fourteen-day without supervisor's
OPINION OF BOARD: On August 5, 1985, the Carrier terminated the employment of
the Claimant under the self-executing provision of Rule 28.
The Claimant had been absent from work without permission since July 8, 1985.

There is no evidence of record that the circumstances of the Claimant's absence prevented him fr Carrier. In particular, numerous Awards of this Board (see Third Division Awards 24606, 22868, 21228, 24760) and various Public Law Boards (especially see PLB 3514, Award #31) have held that confinement in jail does not constitute unavoidable absence

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.

Award Number 26704 Page 2

Docket Number MS-27276

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest:

Nancy J.~ v - Executive Secretary

Dated at Chicago, Illinois this 23rd day of November 1987.