Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31442
Docket No. Ms-32108
96-3-94-3-522
The Third Division consisted of the regular members and in
addition Referee Martin H. Malin when award was rendered.
(William L. Beaumont
PARTIES TO DISPUTE:
(Paducah & Louisville Railway, Inc.
STATEMENT OF CLAIM:
"(1) Carrier violated the Agreement between the
Parties, when it wrongfully discharged W. L.
Beaumont from service for failure to comply
with Rule 24, Paragraph (d) of the Schedule of
wages and Rules.
(2) Carrier shall now be required to reinstate W.
L. Beaumont to service of the Carrier, with
pay for all time lost and all rights
unimpaired, commencing March 1, 1992.
(3) Carrier shall now be required to complete a
full investigation, which was not afforded W.
L. Beaumont at the time he was discharged, and
is within his rights that said investigation
be completed."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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.
Claimant was employed as a Clerk. From September 20, 1991,
until February 29, 1992, Claimant was on a medical leave of
absence. Upon expiration of his leave of absence, Claimant failed
to contact Carrier. On March 6, 1992, Carrier notified Claimant
that he had forfeited his seniority.
Form 1 Award No. 31442
Page 2 Docket No. Ms-32108
96-3-94-3-522
Rule 24 (d) provides:
"An employee who fails to report for duty at the
expiration of leave of absence shall forfeit his
seniority rights, except when failure to report on time
is the result of unavoidable delay, in which case the
leave will be extended to include such delay."
This Board has held on numerous occasions that Rules such as
Rule 24 (d) are self-executing. See, e.g., Third Division Awards
24769, 27894, 28764, 29804. When Claimant failed to report
following the expiration of his leave of absence, loss of seniority
and termination were automatic under the Rule.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant (s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of April 1996.