Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28637
 THIRD DIVISION Docket No. MW-29127
 91-3-89-3-568
 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:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Agreement was violated when the Carrier improperly terminated System Gang Employes L. F. Pino's seniority for allegedly being absent from service without proper authority for the following five (5) consecutive workday period: November 17,
(2) As a consequence of the violation in Part (1) above, the Claimant shall be reinstated to service with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered."

 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.

 This is another case involving the provisions of self-executing Rule 48(k) which provides for the forfeiture of seniority by employees who are absent from their assignments for five (5) consecutive working days without proper authority. The rule as written contains an exception which states:

Rule 48(k), and similar rules, have been interpreted numerous times by Arbitration panels created under the provisions of Section 3, First and Second of the Railway Labor Act, as amended. It is firmly established that Rule 48(k) is self-executing and that termination of seniority under the Rule does not require a Hearing or any other handling under other rules of the
 Form 1 Award No. 28637
 Page 2 Docket No. MW-29127
 91-3-89-3-568

 Agreement. However, in each case it is necessary that the particular facts and circumstances be examined to insure that there was no ,justifiable reason shown as to why proper authority for the absence was not obtained.

 In this case, there are contentions and counter-contentions made which lead the Board to the conclusion that the general blanket of prior Awards which have been cited by both parties do not fall 4-square on the fact situation which exists here. The record contains several first-time arguments by Carrier relative to an alleged "verbal fifteen(15) day leave of absence - -"; to a contention that Claimant merely "left a message on a recorder" when he contacted the Omaha office and to the undated statement of a Track Supervisor. Each of the well as being untimely.

 We are of the opinion, from the relative convincing force of testimony and evidence in this part his 11 years of seniority wiped out on the basis of the unconvincing evidence which exists here.

 To be sure, the Claimant must bear some of the responsibility for the situation in which he is found. He could have, and should have, done more to protect himself. However, permanent termination is not warranted by these facts and this evidence.

 Therefore, the Claimant shall be reinstated to the seniority roster with seniority unimpaired but without any payment for the time he has been out of service.




                          By Order of Third Division


Attest:
        Nancy J er·- Executive Secretary


Dated at Chicago, Illinois, this 29th day of January 1991.