Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28636
THIRD DIVISION Docket No. MW-29125
91-3-89-3-567
The Third Division consisted of the regular members and in
addition Referee James E. Mason when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier improperly terminated
Group 26 System Gang Employe S. J. Hill's seniority for allegedly being absent
from service without proper authority for the following five (5) consecutive
workday period: October 24, 25, 26, 27 and 28, 1988 (System File D-126/890214).
(2) As a consequence of the violations in Part (1) above, the
Claimant shall be reinstated on the seniority roster, returned to work at the
earliest possible date with benefits and all other rights unimpaired and he
shall be compensated for all wage loss suffered, including benefits payable,
beginning November 7, 1988 and continuing until the time he is reinstated to
service."
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 Power Tool Operator on a System Tie gang.
He last performed service with the tie gang on Friday, October 21, 1988. He
was absent from his assignment on Octobee 24, 25, 26, 27, and 28, 1988. By
letter dated November 1, 1988, Claimant was advised that in accordance with
the provisions of Rule 48(k) of the Agreement, his seniority was terminated.
Form 1 Award
No.
28636
Page 2 Docket
No.
MW-29125
91-3-89-3-567
Rule 48(k) reads as follows:
"Employees absenting themselves from their assignment for
five (5) consecutive working days without proper authority
shall be considered as voluntarily forfeiting their seniority
rights and employment relationship, unless justifiable rea
son is shown as to why proper authority was not obtained."
A review of the record in this case reflects that the Claimant
desired, and was attempting to obtain, a transfer from the maintenance of way
department to a train service position. The record indicates that Carrier's
policy in regard to attempted transfers from M of W service to train service
was, in general, to permit the employee who made a request to vacate the M of
W position for up to 30 days and attempt to qualify for the train service
position. If the employee failed to qualify for the train service position,
he would then be permitted to return to the M of W position. This policy is
attested to in the record by a statement of the Program Engineer/Track.
In this case it is apparent from the record before us that the Claimant did not seek or obtain t
which he was assigned to be absent from his position on the five (5) working
days mentioned supra. It is argued by the Organization that the Claimant did
attempt, on October 28, 1988, to obtain a leave of absence from a Timekeeper
and an office clerk at the Division Service Unit and was informed that such a
leave of absence was not required. This argument, however, begs the issue.
It was Claimant's responsibility to obtain permission from his own Supervisor
at his job site on or before October 24, 1988, to be absent from his assignment beginning October 24
Rule 48 (k) is clear, unambiguous and self-executing. In this record
there is no justifiable reason shown for not obtaining proper authority for
the absence in question. The Rule on this property has been addressed in
Third Division Award 28483. The opinion expressed in the final paragraph of
the Findings in Award 28483 apply equally to the situation in this case. The
Claim is denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
$y Order of Third Division
Attest:
ze~,4e
Nancy J. D -Executive Secretary
Dated at Chicago, Illinois, this 29th day of January 1991.