Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27894
THIRD DIVISION Docket No. CL-28249
89-3-88-3-27
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10228) that:
(a) Carrier violated the rules of the current Clerks' Agreement at
Los Angeles, California, on December 8, 1986 when it wrongfully removed Ms. S.
Sanders from the service of the Carrier, and
(b) Claimant S. Sanders shall now be reinstated into the service of
the Carrier, with all past rights restored on the basis they were prior to her
dismissal from the service of the Carrier on December 8, 1986, and with pay
for all time lost from December 8, 1986, forward."
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 waived right of appearance at hearing thereon.
Claimant was employed as a word processing operator by the Carrier at
its Los Angeles, California, facility. Claimant was on a medical leave of
absence that was due to expire on November 15, 1986. In November, Carrier
requested that Claimant have her personal physician forward copies of her
medical records to Carrier's Chief Medical Officer for review. Carrier subsequently notified Claiman
1986. Claimant did not report for work on that date. On December 16, 1986,
Carrier notified Claimant that she had forfeited her seniority by failing to
report for duty after her leave of absence. The Organization thereafter filed
a Claim on Claimant's behalf, challenging her dismissal from service.
This Board has reviewed the record in this case, and we find that the
Carrier refused to extend its leave of absence beyond November 15, 1986. The
refusal was based on a review of the Claimant's medical records and a statement by her doctor given
Form 1 Award No. 27894
Page 2 Docket No. CL-28249
89-3-88-3-27
Claimant that she must report for duty on December 8, 1986. The Claimant did
not report for duty at the required time, and her seniority was terminated
pursuant to Rule 21(c) after the expiration of the required period.
This Board has ruled on several occasions in the past that Rule 21(c)
is self-executing and does not constitute discipline. (Third Division Awards
22327, 25837, 24413, and 24681.)
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. D er Executive Secretary
Dated at Chicago, Illinois, this 4th day of May 1989.