Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27228
THIRD DIVISION Docket No. MS-27818
88-3-87-3-536
(Donald Boucher
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: "Statement of claim that Donald Joseph Boucher Sr. former
employee of Amtrak, assigned to B + B foreman, head
quartered at New Haven, Ct. be reinstated as soon as possible with all rights
and privileges restored."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act, as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
As a result of Claimant's absence during the period of October 2 thru
October 16, 1985, the Division Engineer notified the Claimant under date of
November 1, 1985, that his employment in all capacities was considered terminated effective October
in relevant part as follows:
"Employees who absent themselves from work
for fourteen (14) consecutive days without notifying their supervisor shall be considered as
having resigned from the service and will be
removed from the seniority roster unless they
furnish the Carrier documented evidence of
either physical incapacity or that circumstances
beyond their control prevented such notification. In the absence of the supervisor, the
employee shall notify the office of the Division
Engineer of the division on which last
assigned."
By letter dated April 23, 1986, Claimant requested authorization to
return to work from the Division Engineer. On April 28, 1986, the Division
Engineer denied Claimant's appeal because the Claimant had presented no evidence he was physically i
during the involved 14-day period.
Form 1 Award No. 27228
Page 2 Docket No. MS-27818
88-3-87-3-536
Claimant thereafter requested an appeal hearing and one was scheduled
for June 17, 1986. At the request of his representative, the appeal hearing
was rescheduled for June 23, 1986. Claimant failed to appear at the hearing,
but requested a second appeal hearing by letter dated June 28, 1986. That
request was denied by letter dated July 2, 1986. Claimant continued to
address correspondence to the Assistant Chief Engineer who reaffirmed his
earlier declination by letter dated October 13, 1986. Thereafter, the Organization appealed the matt
the appeal under date of March 20, 1987, resulting in Claimant's July 15, 1987
Notice of Intent to progress his case to this Board.
Upon careful consideration of the entire record as developed on the
property, we conclude that the claim must be denied. Under the self-invoking
provision of Rule 21(a), the Carrier properly considered the Claimant as having resigned from servic
physical examination as directed, nor contacted his supervisor during the
ensuing 14-day period. No evidence was presented on appeal suggesting that
the Claimant was physically unable to contact his supervisor, nor was any
evidence presented indicating he was prevented from contacting his supervisor
by circumstances beyond his control. His continued silence was at his peril.
Rule 21(a) is a self-invoking Rule, and its violation results in
automatic resignation by the employee unless one of the exceptions applies.
Those exceptions to the Rule are not applicable here. This decision is consistent with Third Divisio
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: '
ancy J. D Executive Secretary
Dated at Chicago, Illinois, this 20th day of July 1988.